The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-10-26
ACCIDENT INSURANCE.
Provisions Of the Law Passed by the
Montana Legislature.

While some Of the older states were
cautiously referring accident legisla-
ton to special committees Montana
went boldly ahead and passed a law.
Chapter 81 of the session laws of 1909
creates a state accident insurance
fund to v workmen employed in
coal mining. Employers are to deduct
monthly l per cent of the wages paid
and pay the sun SO deducted to the
state auditor, and they must also pay
to the auditor monthly 1 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 l per cent OF the
wages and the employer l cent per
ton. 1t would have een simpler to
make the wages the basis in both
cases. hut the law rs it stands gives
the workmen some benefit from the
extra productivity Of a mine If 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 $1,000. 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
ents 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" a monthly compensation not
to exceed a 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:
(a) Total permanent incapacity; Co par
tial permanent incapacity; (c) total
temporary incapacity; (d) partial tenn
porary incapacity. AS actually drawn
a man who is i~ncapacitated for a con-
siderable length of time. but not per-
m~anently injured. would receive no
benefit from the fund. For the loss Of
one limb or eve the compensation Is
$1,000. No limit to the monthly pay
e in cases of permanent incapac-
ity" is given unless the workman wish
es to have the liability settled by a
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.
If a workman accepts the benefits
Of the fund he loses his right to bring
suit against the employer. but ii be
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 fine
and imprisonment. The act Is to be In
force on Oct. l. 1910. and benefits com.
mence four months thereafter.
1t is to be regretted that the admin.
istrative features Of the act wMo moi
woIked out with more care,