The National tribune., 1908-05-21
BENEFITS FOR INJURED EMPLOYEES.

1
employees of the United States for in
juries sustained in the course of thei
work. The bill reads as follows:
/ That when, after the passage of thi
act any person employed by the Unite'
States as an artisan or laborer in an,
of its manufacturing establishments, ar
|senals, or navy yards, or in the construc
ton of river and harbor work or tn
management and control of the same
or in hazardous employment under tn
1sthmian Canal Commission, is injured
i in the course of such employment, h
shall be entitled to receive for one yea
thereafter, unless sooner able to resume
| work, the same pay as If he continued
/ to be employed, such payment to b,
i made under such regulations as th
Secretary of Commerce and Labor ma,
prescribe: Provided. That no compen
sation shall be paid under this ac
| where the injury Is due to the neglf
gence or misconduct of the employe in
| jured. All questions of negligence OF
misconduct shall be determined by th'
Secretary of Commerce and Labor.
Sec. 2. That if any artisan or laborel
so employed shall die during the sait
year by reason of such injury received
in the course of such employment. leav'
ing widow. or child or children un'
parent, such widow and child or chill
| dren and dependent parent shall bt
| entitled to receive, in equal portions
| under such regulations as the Secretary
of Commerce and Labor may prescribe
| the same amount, Tor the remainder oi
the said year, that the husband, oil
father, or son would be entitled to re-
ceive as pay if he were alive and con-
tinued to be employed: Provided. That
I, xr,tIn hall 4 ffrrnn 1rtr.
ing the said year her portion of said
amount shall be added to the amount
to be paid to the remaining beneficiaries
under the provisions of this section, II
there be any: and if any child shall ar
rive at the age of 16 years during the
said year. the portion of such child
shall cease to be paid to such child
from the date on which such age shall
be attained, but shall be added to the
amount to be paid to the remaining
beneficiaries, if there be any.
Sec. 8. That whenever an accident
occurs to any employe embraced with
in the terms of the first section of this
act, and which results in death or a
probable incapacity for work, it shall
be the duty of the official superior of
such employe to at once report such
accident to the head of his Bureau or
Independent Office, and his report shall
regular official channels to the Secre-
tary of Commerce and Labor. Such re-
port shall state, first, the origin and
nature of the accident and the probable
duration of the injury resulting there
from; second, whether the accident
arose out of or in the course of the
injured persons employment: third,
whether the accident was due to negli-
gence or misconduct on the part of the
TIT, ~ y, fbnr D1f-
ters required by such rules and regu-
lations as the Secretary of Commerce
and Labor may prescribe. The head of
each Department or independent office
shall have power, however, to charge a
special official with the duty of making
such reports. --..,.
Sec. 4. That in the case of any acci-
dent which shall result in death. the
persons entitled to compensation under
this act or their legal representatives
shall, within 80 days after such death,
file with the Secretary of Commerce
and Labor an affidavit setting forth
their relationship to the deceased and
the ground of their claim for COM
pensation under the provisions of this
act. This shall be accompanied by the
certificate of the attending physician
setting forth the fact and cause of
death, or the nonproduction of the GER
the case Of incapacity for work lasting
more than 80 days. the injured party
or his legal representatives desiring to
take the benefit of this act shall. within
a reasonable period after the expiration
of such time. file with his official su-
perior. to be forwarded thru regular
official channels to the Secretary of
Commerce and Labor, an affidavit set
ting forth the grounds of his claim for
tn 1a lTll N II. "A
certificate of his attending physician as
to the cause and nature of the injury
and probable duration of the incapacity,
or the nonproduction of the certificate
satisfactorily accounted for. If the Sec
retary of Commerce and Labor shall
find from the report and affidavit or
other evidence produced by the claim
ant or his legal representatives, or from
such additional investigation as the
Secretary of Commerce and Labor may
direct, that a claim for compensation is
established under this act. the compen-
sation to be paid shall be determined
as provided under this act and ap-
proved for payment by the Secretary
of Commerce and Labor.
Sec. 5. That the employe shall, when
ever and as often as required by the
Secretary of Commerce and Labor, sub
init himself to medical examination, to
rection of the Secretary, and If he re-
fuses to submit to or obstructs such
examination his right to compensation
shall be lost for the period covered by
the continuance of such refusal or OBJ
struction.
Sec. 6. That to seek to obtain by
fraudulent means or to accept benefits
under this act to which the person is
not entitled shall be deemed a misde-
10 rt nd oh "a
a fine of not more than $1,000 or by I'M
prisonment for not more than two years,
or both.
Sec 7. That payments under this act
are only to be made to the beneficiaries
or their legal representatives other than
assignees, and shall not be subject to
the claims of creditors.
Sec. g. That the United States shall
not exempt itself from liability under
this act by any contract, agreement,
rule or regulation, and any such con-
tract, agreement, rule or regulation
shall be pro tanto void.
Sec. 9. That this act shall only take
effect as to the right to receive COM
pensation for any damages from acci-
dents as to those occurring on and
after July /. 1908.
Sec. 10. That all acts or parts OF acts
in conflict herewith or providing a diff
ferent scale of compensation or other
wise regulating its payment are hereby
repealed.
This bill is on the lines of the laws
of other Governments, and which have
been adopted by our Government with
regard to railway postal clerks, surf
men in the Life-Saving Service and 9th
ers. If a railway postal clerk is in
t.