The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-09-29
ACCIDENT INSURANCE.

Montana Legislature.
While some Of the older states were
cautiously referring accident lesisla-
ton to special committees Montana
went boldly ahead and passed law.
Chapter c. Of the session laws Of 1909
creates a state accident insurance
fund to cover workmen employed in
coal mining. Employers are to deduct
monthly per cent Of the wages paid
and pay the sum SO deducted to the
state auditor. and they must also pay
to the auditor monthly l cent for each
ton OF coal mined and shipped or sold
locally or. having been mined, Is ready
for shipment. The insurance is thus
compulsory upon both workmen and
employers.
The money is contributed Jointly by
both employers and employees. The
basis for measuring the contribution
is not the same for each, however
The employee pays per cent Of the
wages and the employer l cent per
ton. 1t would have been simpler to
make the wages the basis in both
cases. but the law As 1t stands gives
the workmen some benefit from the
extra productivity OF mine II the
assessment is honestly made.
The state treasurer keeps the sums
collected by the auditor and invests
the surplus. The auditor issues war
rants to persons injured or their de-
pendents. The benefits are as follows:
First.-In case OF death dependents
receive $4,000. This is divided among
widow and children in equal shares.
or II there be neither widow nor chill
dren the payment is made to the par
cnts who are wholly dependent or
partly dependent upon the deceased"
If there are no parents. then to ''other
relatives who may be dependent upon
him"
Second.-In cases OF permanent In
capacity" monthly compensation not
to exceed dollar a day for each work.
ing day shall be paid. but this cannot
be allowed until after the expiration
Of twelve weeks. This part Of the act
is poorly drawn because there Is no
clear recognition Of the distinction be-
tween the following kinds Of injury:
(aD Total perma nent incapacity; Co par.
tial permanent incapacity: (c) total
temporary incapacity: Id partial tenn
porary incapacity. As actually dra wn
a man who is incapacitated for a con-
siderable length OF time. but not per-
manently injured. would receive no
benefit from the fund. For the loss Of
one limb or eve the compensation il
$1,000. No limit to the monthly pay
ments in cases OF permanent incapac-
ity" is given unless the workman wish
es to have the liability settled by
lump sum. which is not to exceed So
600. The auditor is to have "plenary
power to determine all disputed cases"
The large powers given to the auditor
may be a ground for raising constitu-
tional objections.
II workman accepts the benefits
of the fund he loses his right to bring
suit against the employer. but II he
elects to bring suit he loses his right
to benefit from the fund.
Employers refusing to comply with
the act or employees fraudulently OBJ
tanning benefits may be fined from
500 to $500 or imprisoned from one to
six months or punished by both fne
and Imprisonment. The act IS to be in
force en- Oct. I. 1910. and benefits COM
mence four months thereafter.
1t is to be regretted that the admin
istrative features Of the act were not
worked out with more care.