Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-04-05
LIABILITY ABROAD
Law Now In France Gives Good Pro-
lection to Workmen.

An inquiry from Indiana directed t'
, Consul General Alphonse Gaulin, o.
Marseillcs, calls forth full account oj
the laws of France governing the liza
bility of employers for accidents t.
| workmen:
Under the law of 1898, which has not
been modified in this respect, accidents
are considered as professional risks,
the pecuniary burden of which must be
assumed in a certain measure by the
employers. Whether the parties eX-
ercised reasonable care or were guilty
of contributory negligence is not, as
rule, taken into account. The amour,
of damage allowed may, however, be
substantially increased or reduced to
nominal sum in the case of an "ineX-
cusable fault" on the part of either the
employer or the employee, but by this
| term is meant negligence of criminal
and therefore exceptional character
The courts have frequently held that
drunkenness is one of the ineXcusable
acts that come within the contempla-
ton of the law. Indcmnities have
been fixed as follows:
For permanent injuries, resulting in
total disability, life pension in annui-
ties equal to two-thirds of the work
mans salary.
For permanent injuries, causing
only partial disability, life pension in
annuities equal to one-half of the re-
duction in salary resulting from the
accident, except that, when the yearly
salary exceeds $463, allowance is made
for only one-fourth of the reduction
above this amount
For temporary incapacity, daily
indemnity equal to one-half of the
wages earned on the day preceding the
accident, or Of the average daily wages
for the preceding month when the sal
airy varies from day to day.
In case of death resulting from thl
accident, the widow or surviving hus-
band is entitled to life pension in an
nuities equal to 20 per cent Of the de-
ceased's salary, but upon remarriage
the pension is liquidated by tine pay
ment of a lump sum equal to three
annuities. The children of the de-
ceased also receive until the age Of six
teen an income varying from Is to Al
per cent of said salary according tc
their number, and which may equal tc
60 per cent when neither the father MOI
the mother is living. When there are
no children, the parents and grand
children, who were dependents of the
deceased, may also be allowed annui-
ties of 10 to 80 per cent Of the latter:
salary. The above annuities can not
be transferred, nor are they liable tC
attachment for debt.
The medical, pharmaceutical anC
funeral expenses must also be paid by
the employer. A special tariff fixes the
amount of the employers liability ir
connection with these expenses
Accidents must be reported by en-
ployers to the justice of the peace OF
the district within twenty-four hours
of their occurrence. This official make:
an investigation in the following TWEEN
ty-four hours, and also passes upor
| whatever contests may exist in regard
to funeral and medical expenses ant
| temporary indemnities. All othel
claims must be submitted to the civi
tribunal for the reimbursement" Dur
ing the three years which follow tine
| initial settlement, a revision may bt
asked for either on the ground that the
injuries sustained nave become more
serious, or that the alleged infirmitie!
have disappeared to Il large extent, oi
upon the decease of the workman ir
question. Workmen and their repre-
sentatives are entitled to free legal as.
sistance in these cases.
Workmen have a lien upon the per-
! sOnal property of employers for the
payment of the daily indemnities fol
temporary incapacity. In order t(
guard against the insolvency of indus
trial employers and insurance compa'
nies, the state has created guaranty
fund in connection with the pcnsicr
and old age fund. Four per cent /!
| added for this purpose to the busines!
| license tax. The state pays the amount
| due whenever necessary, reScrving it!
rights against the debtor.
The question as to whether as re-
suit of the law wOrkmen have become
| more careless is generally answered il
| the negative. 1t is true, however, tha
the number of recorded accidents ha:
| increased steadily, but it is impossible
to make satisfactory comparisons ow-
| ing to the fact that numerous trade:
have come within the scope of the law
at various times, and especially in re-
cent years.
The increase noted appears to hav,
| been chiefly in the cases of temporary
| incapacity. AS the law is better known
| workmen insist more and more upor
it's application. This partly accounts
| for the increase, but, it is claimed
there have also been abuses. However
/ TIE III TIE INV IL IpN
| ly recognized as an equitable one, anC
| the manufacturers may b" said to be
entirely rccuncilcd to it, prefcrring tn,
present Legislation to the former re-
| gime. which was substantially Similal
To the common law of damages" ol
negligence" as in the United States.
Insurance relating to sickness anu
unemployment is entirely voluntary
and is provided for by mutual benefit
societies and trade unions and Syndi-
Gates. The state grants Subvcnti0nS tC
these associations, and i'm tn" case 0t
labor syndicateS maintaining an unem-
ploymcnt fund ii pays l6 per cent ut
the amount allowed by the syndicate I,
| its members.
Short Meter Sermons. Often the
clock that strikes loudest is fartheS
| off the time
\ chilly manner is not the best prep.