Perth Amboy evening news., 1911-05-13

COMPENSATION
New Jersey Law Considered
Ons of the Bsst.
Cspecial Correspondence.)

(Special Correspondence
Trenton. May 13.-The working
mems compensation act-considered
one of the best in the United States
which passed the recent session Of
the legislature, will go into effect on
the fourth of July next. The Dill
was prepared by State Senator Edge,
bf Atlantic, after a careful inyestlga-
ton of the subject had been made by
q commission appointed by the GOV
ernor for that purpose. The bill, as
drawn. embodied the News OF the
members of the commission aIter
having made the exhaustive inYesLl-
cation. .
1t is provided by section one OF
the act that when personal injury Is
caused to an employee by accident
arising out of and In the course uL
his employment, of which the actual
and lawfully imputed negligence OF
the employer is the natural and proN-
innate aus he shall receive compeu-
sation therefor from his employer,
provided the employee was himself
not wilful1y negligent at the time OF
receiving such injury, and the ques-
ton of whether the employee was
willfully negligent shall be one OF
fact to be submitted to the jury, sub
1ect to the usual experimenting pow
ers of a court to set aside a verdict
rendered contrary to the evidence.
Negligence of Fellow Employee.
Section two of the act provides
that the right to compensation shall
not to be defeated upon the ground
that the injury was caused in any
degree by the negligence Of a fellow
employee, or that the injured I'M
pIoyee assumed the risks inherent in
or incidental to or arising out OF his
employment or arising from the fail
ure of the employer to provide and
maintain safe premises and suitable
appliances, which said grounds of
defense are hereby abolished.
Under the provision of the new law
an agreement may be made between
the employer and the employee so
that compensation for personal inJur-
ies to or for the death of the en-
ployee by accident arising out of his
employment, shall be made without
regard to the negligence of the en-
ployer. A schedule of the sums to
be paid under certain circumstances
is provided for in the act. For in
Jury producing temporary disability,
fifty p|ercentum of kages received at
time of injury shall be paid; subject
to a maximum of ten dollars a week,
and a minimum of five dollars a
week.
Provision is made for liability of
partial character, for the loss of any
finger, the payment Of a specified
sum for a certain number of weeks,
varying from ten to thlrty-fve weeks,
according to the extent of the in
jury.
In Case of Death.
In cases of death the cOmpensa-
ton shall be computed, but not dis
tributed upon several different plans,
embracing the actual number of de-
~pendents, with a rate of cOmpensa-
ton to correspond; and in the case
of there being no dependents. The
compensation in case of death shall
be subject to a maximum of ten dol
lars a week, and a minimum of five
dollars a week, and it shall be paid
during three hundred weeks.
- pSnxisinn is tho axanainA
Id injured employee by a sur
~~,fA4m tifs srefusdf or any en-
ployee to submit to an examination
shall deprive him of the right of
compensation during the continuance
of such refusal. In case of a dispute
over, or a failure to agree upon a
claim for compensation between en-
ployer and employee, either party
may submit the claim, to the judge
of the court of Common Pleas of such
county. who is authorized under the
new law to hear and determine such
disputes in a summary manner, and
his decision as to all questions of
fact shall be conclusive and binding.
Section three provides that for the
purposes of the act wiIIful negligence
shall consist Of % deliberate act or
failure to act, or 90 such conduct
as evidences reckless Indifference to
safety, or (3) intoXicatiOn. operat-
ing as the prOXimate cause of injury.
Employer is declared to be symony-
nous with master, and includes per-
sons, partnerships and corporations.
Employee is Synonymous with SER
want or those who perform labor
for financial consideration.
1t is provided that in case for any
reason any paragraph Of the act shall
be held unconstitutional, the same
shall not be held to affect any other
paragraph, or provision of the act,
except that sections n and two are
declared t o be in~separabIe, and if
either be declared void or inoperat-
I've the other shall not stand alone.
It also declares that section one shall
not apply in cases where section two
becomes operative, but shall apply
in all other cases, and in such cases
shall bein extension Of the common
law.
nhlIeu elNnCpC VIII