The labor world. [volume] (Duluth, Minn.) 1896-current, 1908-05-02
STANDING Of WORKERS
IN OTHER COUNTRIES
Employers Liability in the United
States and Workmen's Compen-
sation in Foreign Countries.


injuries to their employees, in the
United States" and a :Summary Of
the workmen's compensation acts Of
foreign countries" are the subjects OF
articles In Bulletin No. "a of the Bu-
sreau of Labor, Of the Department Of
Commerce and Labor.
In the first article Lindley D. Clark
discusses at length the more import
ant principles of the common law as
generally applied to the subject of
employers liability in this country,
together with such variations as ap-
pear In certain states. The article
also reproduces the laws Of those
states which have passed enactments
on the subject, and presents the con-
struction put thereon where they have
been reviewed by the superior state
courts or the federal courts.
The impossibility of adequately Sc
curing to the workman the needed
protection by a mere grant of right
of action for injuries for which the
employer can rightly be charged is
only too evident from the discussion OF
the principles of law applicable.
In striking contrast with conditions
in the United States is the position IF
the foreign workman who Is injured
by accident in the course of his en-
ployment Practically every foreign
country of any Importance Industrial
ly has by legislation recognized the
principle that the workman Is entitled
to compensation for injuries from ac-
cidents received in the course of his
employment. twenty-five foreign
states have enacted such legislation,
namely
Austria, Belgium, British Columbia.
Cape of Good Hope, Denmark Fin
land, France, Germany, Great Britain,
Greece, Hungary, Italy, Luxembourg
Netherlands, New Zealand, Norway,
Queensland, Russia, South Australia,
Spain, Sweden, Western Australia.
While there is some variation in the
provisions Of the foreign laws as to
the circumstances under which work.
men are entitled to compensation, as
rule compensation is not payable un-
less the injury causes disablement for
a specified number of days or weeks.
The employer may usually be re-
sation if he can prove that the injury
was caused Intentionally or by willful
misconduct, or, in some countries, by
the gross negligence Of the injured
person or. during the performance of
an illegal act. In noneo OF these %
countries does ordinary negligence ON
IL part of the injured employe work
a forfeiture Of the right to compensa-
tion
The industries usually covered by
the laws are manufacturing, mining
and quarrying, transportation, build
ing and engineering work, and other
employments involving more or less
hazard. In Belgium, France and Great
Britain the laws apply to practically
all employments. In considerable
number of countries only workmen
engaged in actual manual work, and
in some cases those exposed to the
same risks, such as overseers and
technical experts, come within the op-
erations of the law. These countries
are Austria, Belgium, Denmark, Fin
land, Germany, Italy, Luxembourg
Netherlands, Norway, Russia, Spain,
and Sweden. On the other hand, in
II,
onies, and Hungary the laws apply to
salaried employees and workmen equal
ly Overseers and technical experts
. earning more than a prescribed
amount are excluded in Belgium, Den
mark, Germany, Great Britain, Italy,
Luxembourg and Russia. Employees Of
the state, provincial, and local admin
istrations usually come within the
provisions of the acts.
The entire burden rests upon the
employer in all but four Of the coun-
tries, Austria, Germany, Hungary, and
Luxembourg, where the employees also
bear a. part Of the expense. The laws
in eve Il case fix the compensation to
be paiu. In all the countries but Swed-
en- the compensation is based upon
the wages Of the injured person. It
consists Of medical and surgical treat
ment and of periodical allowances for
temporary disability, and annual pen
sions or lump sum payments for per-
manent disability or death.
In most countries employers may
contract with state or private insur-
ance institutions for the transfer of
the burden Of payment Of compensa- =
ton. In number of countries such
transfer is obligatory. Provision is
usually made for the protection of the
benef1c1aries in case of insolvency of
employers.
The acts of nearly all of the coun-
tries are framed with the view of OBJ
waiting the necessity for institutins
legal proceedings. The laws are so
specific with regard to the compensa-
ton allowed and the regula tions for
it's payment that agreements are u.s.
ually amicably made between the en-
ployers and the victims of the ,acci-
dents. If disputes arise, however. the
law specifies the necessary procedure
for their settlement either by special
arbitration tribunals or by the ordi-
nary law courts.