Evening journal., 1911-02-10

LIABILITY
Provisions Of the Bill Intro
duCed Today by Mr..
GOFmIey
COMPENSATION PROVIDED
FOR INJURED WORKMEN

Special 40 THE EVENING JOURNAL
DOVER, Del. Feb. 1o.-Representa-
tive Gormley, IN the House today, in
troduced a bill providing for an em-
ployers' liability law To part. d
said
IF. in the course OF any employ
ment IN this taste. personal injury
by accident arising out Of or IN the
course Of employment is caused %
any workman employed therein. on
failure Of employer of such workman
or any Of his officers. agents or em-
ployes 10 exc else due care or to
comply with any law affecting such
employment, such employer shall.
subject as hereinafter mentioned be-
liable TO pay compensation at the
rates set out in Section 4 Of this Act:
provided that the employer shall not
be liable i'm respect of an injury which
does not disable the workman for
period Of at least two weeks from
earning full wages at the work st
which he was employed. and provided
that the employer shall not be liabl9
IN respect Of any injury 10 TIE work
man which is caused by the serious
and wilful misconduct of the work
man"
Section provides that no action IN
damages for death OF injury shall be
discontinued by the proposed law.
Section 3 -equires notice Of the in
jury of an employe to be given TO tho
employer as soon as practicable after
tho happening thereof.
Section sets forth the amount Of
compensation In case death results
from injury. II the workman leaves
a widow, or next Of kin, wholly de-
pendent on his earnings, the COM
pensation or damages shall be equal
to sum twelve times the daily earn
ings Of such workman at the, rate at
which he was being paid at the time
Of injury, but in no event more than
$4,000
II the widow or next of kin arc
only partly dependent upon his earn
ings, such proportionate damages or
compensation shall be paid as may be
determined according to the injury TO
such dependents.
If he leaves no dependents. the rea-
sonaOle expenses of medical attention
and burial, not 20 exceed 500, must
be paid
Who're total or partial incapacfty
for work results to a workman from
injury. a weekly payment. commenc.
ing at the end Of the second week az.
ter the injury and continuing during
incapacity, shall be paid, equal 10 fift,
per cent Of the average weekly earn
ing at full time, and II the workman
has been in the employment of sucl
employer less than year. then :
weekly payment not exceeding thre,
times The daily earnings shall be paid
The earning capacity before and aftei
the injury shall be considered. No com
pensation under this section shall ex
coed the damage suffered. nor ~ral
any weekly payment exceed SO :
week or extend over eight years.
Any workman injured. upon me re
quest Of the employer must submit q
medical examination at least ono
every six weeks Failures TO submit q
an examination will suspend payment
until examination is submitted TO b.
the workman.
Any question that may arise owe
payments or failure of an employer u
make compensation as required. cal
be taken into the Superior Court ant
the case conducted IN the same man
ner as damage suits are now con
Quoted, but such action must be com
menced within six months. The week
ly payments shall be a preferential
claim against assets of an employee
and shall not be assignable or subjec
10 attachment.