United labor bulletin., 1911-03-09

A Bill for an Act Concerning the
Liability of Employers in Case of
the Death or Injury of Employees.
Be it Encated by the General AS
sembly of the State of Colorado:
Section 1. That in any action
brought against an employer under
or by virtue of the provisions of any
law of this state to recover dam
ages for injury to. or for the death
of, any employe, such employe shall
not be held to have assumed the
risk of such employment; nor shall
such assumption of risk be a de-
Tense to any such action or to any
part thereof. nor shall it be con-
sidered in mitigation of the amount
of damages.
Sec. 2. That in all actions here
after brought against any employer
under or by virtue of any law of
this state to recover damages for
personal injuries to an employe. or
where such injuries have resulted in
his death. the fact that the en-
ploye may have been guilty of con-
tributory negligence shall not bar a
recovery. but the damages shall be
diminished by the jury as in their
opinion is in proportion to the
amount of negligence attributable to
such employe; Provided, that no
such employe who may be injured
or killed shall be held to have been
guilty OF contributory negligence in
any case where the violation by such
employer of any statute enacted for
the safety of employees contributed
to the injury or death of such en-
ploye.
Sec 8. That any contract, rule,
regulation or device whatsoever. the
purpose or intent of which shall be
to enable any employer to exempt .
himself from any liability contrary
TO the provisions of this act. shall
to that extent be void.
Sec 4. This act shall not apply
to causes of action accruing before
the passage hereof, but all such
causes of action may be prosecuted
in accordance with the law when
said cause of action accrued.
Sec. ). All acts and parts of acts
in conflict with or inconsistent with
this act are hereby repealed.
This bill is such an instrument as tn,
.itizens of Colorado. as well as many
'ther states. have needed for years. Al
hough many states have been fortunate
inough to secure the passage of such 8
hose states which do not protect the
Widows and the orphans of the men that
re killed nor the men that are injured
While at work in the mills. mines and
actories of the state The law as al
present places the employe in the posi-
ion of assuming all risks when accept
ng employment, and when injured he
eceives nothing with which to support
himself and family until such time as he
nay again earn livelihood. and in con
sequence he and his family are thrown
IN the charity of the community. a most
inenviable predicament.
We who boast that We are Americans
and many of us love to so do-are not
,roud of the fact that most of the Euro
'ean countries have better laws for the
of the workers than has the
United States.
The remarkable progress made in re
'ent years by foreign countries on the
ubject of employers liability and work
mems compensation is brought out by
he first of two volumes comprising the
Annual Report, just issued
" the United States Bureau of Labor
of Commerce and Labor. en-
tiled "Workmen's Insurance and Com
Systems in Europe"
Although systems OF insurance anc
for cases of industrial ac
'idents are the best known forms oi
Sorkmen's insurance. the report shows
hat many European countries also pos
ess a wide variety of insurance institu
ions for the relief of distress caused by
ickness, invalidity. old age. and unem
,loyment. Besides these forms, the meth
IDS of providing maternity benefits for
women and the systems oil
tensions for widows and orphans of wage
'arners are described.
The country with the most complete
ystem of workmen's insurance is Ger
many. where practically the entire wage,
arning population is required by law to
e provided with some form of insurance
gainst industrial accidents. sickness. in.
alidity. and old age. Benefits are also
'rovided in case of maternity for wage
arning women. while for some indus
rieS there is n system of insurance TO
rovide benefits for the widows and or
hans of wage-earners. Since a number
( American states are considering the
nactment OF laws on employers liability
nd accident compensation. the compul-
ory accident insurance system of Ger
nany is of especial interest to American
eaders. and in this field the German sys-
EN- makes an impressive showing. The
Employers defray the entire cost OF the
ccident insurance. and 1t includes prac-
lcally all the industrial workers in the
ountry. The most striking evidence OF
he wide scope of this system is con-
aimed in the figures for the operations
( the year 1908. In this year the num-
er OF persons insured against accident
ias about 27.000.00o. the total receipts
;ere about s57. .000. 900. the total expendi-
ures were about s4S.00O.000. and the
mount of the reserve was $1,000. 900.
he number of workmen compensated
Or the first time in the year 1908 was
$4,000. Separate laws provide system
{ compulsory sickness insurance for
rage earners In which the employers, pay
ne-third and the workmen two-thirds OF
he expense. In 1908 the number OF per
ons mot including agricultural labor
rsl insured against sickness was about
100000. the receipts were ss5.ooo.ooo.