New-York tribune., 1910-03-22
NEW LIABILITY LAW
CONFUSION REPORTS
FauOrs Radical Change IN
C0mpeRsatiRg Injured.

Albany. March O. The commission Gre
ated by the last Legislature to inquire into
the subject Of employers liability. the
causes 81 industrial accidents and other
matters made its report To the Legislature
Tonight. II recommends fundamental
change in the method of compeusating in-
iurcd workmen and presents two hills TO
carry out its recommendations. which were
Introduced I'm the senate by Senator J.
Mayhem Wainwright ana I'm the Assem-
bly, by Assemblyman Cyrus ". Phillips
The first bin recommended 10y the CONF
mission applies only 20 certain specified en-
I pigments. which the commission finds 20
be- very dangerous. and I'm which Of neces-
sity the trade hazard is great This bil
recommends the principle Of compensation
for al accidents regardless Of negligence by
4 providing for compensation for all work,
/ men injured In such employmcnts 10y either
the negligence OF the employer. his agents
or employees. or by the necessary risk or
danger of the employment or one inherent
IN Tie danger thereof
The enlp,oyments specified are as follows;
/ The erection or demolition Of any bridge
or buildings in which there is. or in which
the plans and specifications require. iron or
steel framework: the operation Of elevators
elevating machines. or deTTici.s. or hoisting
apparatus used within or on the outside Of
any such bridge or building for the hoisting
of materials for such erection. work on
scaffo,ds Of any kind elevated twenty feet
/ or more above the ground, water. or floor
I beneath I'm the erection. construction. paint
INK. alteration or repair Of buildings or
structures; the construction OF tunnels or
subWayS; ali work carried on under com
pressed air; construction. operation. aitera-
ton or repair of wires. cables. sWitchboards
/ or apparatus charged with electric cur
Y rents: all work neceSsitating dangerous
proximity TO GunpOwder. blasting powder
dynamite or any other explosives. where
the same are used rs instrumentalities OF
the industry; the operation on steam rail
roads of locomotives. engines. trains.
motors or cars propelled by gravity or
steam. electricity or other mechanical
power. or the construction or repair OF
steam railroad tracks and roadbeds over
which such locomotives. engines. trains.
motors or cars are operated.
Schedule Of Compensation.
/ The schedule Of compensation provided
4 =. i'm case of death. four years wages. not
10 exceed S20n0. and I'm ease Of total or
partial disability ~ per cent Of the lost
earnings or the injured person. PAYABLE
weekly. hut not more than SO week
during the continuance OF the disability.
not 10 exceed period OF eight years
The compensation provided in case Of
death is payable only i'm ease the dccedent
leaves "a wife. parents or children This
bin does not take away rights of action
now existing either AT common law or un-
I der any statute. but provides that the per-
son suing must elect at tie time of bring
act Fsh hrff
rights under the compensation act or under
the existing liability Laws and such eIec-
tion is flnaL The commission recommends
this hill as a step toward and "A trial of
tine principle of compensation for aII indus
trial accidents.
The second hiIl recommended rs Tire
commission covers an accidents 10 employees
not coming within the 1lirtiew of the first
tin II introduce tho principle Of COM
pensation for an accidents. hut makes this
principle voluntary and subject to agree
meut between tho employer and tho en-
ploye This bin. iu addition to iis elective
scheme of compensation. amends THE en-
plovers liability act SO as considerably -
increase the liability of tbs employer bv
ahrogatnE oT al least greatly modif,in,
the assumption Of risk rule
Burden Of Proof on Employer.
This blI affects the defence Of contrib,i-
tory negligence by placing on tho ompI.ver
the burden 81 proving contributory ueeIi-
EouCe on the part Of the euploye. whereas
the law nov requires the crupIove % prove.
his freedom from Coutrilutory negligence
it mobiles the fellow servant rule rhroBa,fl
which employers noW escape liability t,r
the neg iCenc- Of co-employes. hy declsr-
inE employers liability Tor usSlig.uco az
ans 'mp"ye Entrusted with auv sifprr-
iWendenue" or by reason of the negligence
ot suy employe int~usted with authority
20 direct. control or command any emplo1e
in 'he performance of the duty of such en-
uloye"
rms bil. after having thus Increased tire
liahilii- - the employer iutroducee irs
compensation plan. which rs similar ~ tb.
one described in the urst biI. bv declaring
that when and n any emplo,er fu tbis
state and any 81 ris employees shall consent
10 TIE compensation plan therein described
by h'inE such consent with the county ,.Irrk
ihen in case injury thereafter results To-
such "inpluye compensation shall le maid
res1r1less ~ Tho employers uecliscn.. a,-
colul1c 20 q schedule Of compensation s;r,i-
lar 10 tfat in the first uiE
With regard 90 The causes ard nr.,a,
uon of industrial accident, the commit
sion makes but partial report. and states
thst - Intends 10 take up and compIete
'his Investigation in time to report 20 the
next session ~ the legislature. The orJv
recommendation thai il makes relating f.
this part of us Investigation IS uIat tie
number OF factory inspectors Do increased
from nftl. the present number. 20 sixty.
and thai the building trade and 4II other
trades nor now required TO report scci-
d"nt- 20 the Department og Iabor l.a =,
required. The report - the commission
consists of about two hundred aud aftv
pages and reviews the Laws ~ this coiiu-
try and ~ foreign countries aud the olfa.-
lions aud commeudatiouS that have been
made win respect 90 these laws.
WOULD JOIN SISTER IN DEATH.