Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1910-04-01
INSURE WORKERS
CONTRADICTORY NEGLIGENCE OR
OTHER COMMON LAW PLEAS
DENIED EMPLOYER.
FOR DISABILITY OR DEATH
Wisconsin Legislative Committee on
Industrial Insurance Opens
Proposed Law to
Discussion.

Madison.-After several months OF
investigation into the subject OF com
pensation for injured wOrkingmen, the
Joint committee of the state legisla-
ture on industrial insurance has issued
printed COPIES of tentative bills.
These tentative bills are put before
manufacturers and employers more as
''feelers than as a plan to which the
committee is committed, and 1t is the
desire of the three senators and four
assemblymen that employers and en-
ployes shall read the proposed meas
ures and give the benefit of their crit
icism and suggestions.
Plan Insures Protection.
The accident insurance plan as put
forward by the legislative committee
provides absolute and definite COM
pensation for injured workmen, or, in
case of death, for their families. An
employer who accepts the plan agrees
to pay specified scale of damages to
employees injured in his service. He is
required to cover the risk by insuring
in an insurance corporation or in mu-
tual company. Every employe of
concern coming under the proposed
system gives up his right to recover
damages other than the compensation
provided, unless upon hiring he con-
tracts to the contrary.
The method of paying for the pro-
posed insurance has been one of the
biggest questions before the commit
nrtc inc CT
should pay the whole cost; that in
iuries are a hazard of the industry
and therefore should be paid for just
as are raw material and machinery.
Others argue the workman should pay
a part of the cost and in seeking to
prove their argument they say en-
ployes will exercise greater care if they
help pay the cost. The committees
tentative bill for compensation includes
two optional sections on this subject.
One provides that the employer shall
pay the whole cost of the accident in
surance. The other provides he shall
pay the total cost and then be REIN
bursed by the state to the extent of
one-fifth, or 20 per cent of the pre-
MUM. These two ideas are presented
in order that there may be full dis
cussion at the coming hearings.
Liberal Disability Clause.
Compensation for injuries, under the
proposed bills, is to begin after the
end of the second week of disability
thus eliminating trivial cases or causes
in which workingmen indulge in SIM
ulation or "soldiering." The scale of
compensation is as follows: Sixty
five per cent of the employees wages
during disa bility with maximum of
$4,000, which also is the maximum
death benefit. If the workingman is
rendered, wholly incapable to work
and so helpless as to require nurse,
he is to receive his full wages. In
cases of death the dependents of the
victim are to receive three years
wages, minimum 1000 and maximum
$4,000, divided into regular install
ments covering a period of five years.
This sum may be paid in lump sum
upon order of the county Judge. The
death benefit is lowered in cases where
no persons wholly dependent survive
the victim, In cases of no descendants
a reasonable amount for burial eX-
penses is provided.
Employer Assumes Hazard.
I'm any action by an employer to
recover damages for personal injury,
it shall not be competent for the en-
ployer to plead or prove as de-
tense: That the employer either ex-
pressly or implicitly assumed the
risk of the hazard complained of;
that the injury was caused in whole
or in part by the negligence of any
other officer, agent or servant of the
employer in the discharge of, or by
reason of the failure to discharge his
duties as such; that the employe was
guilty of contributory negligence, I'M
less his want of ordinary care ap-
proximately contributed to the injury
in degree equal to or greater than the
employer or such officer, agent or
servant of the employer proximately
contributed to the injury, in which
event alone contributory negligence
shall constitute a defense