The Detroit times., 1911-01-23
[nnlN SYSTEM
CITED As MODEL
nuissioners Of National Assn. Of
1|snufsctursrs Discuss Employers
Liability Laws in Europe.


nnd Manufacturers from Detroit, To
I.do, Grand Rapids and many OF the
< smaller cities OF Michigan. Members
- of the legislature interested In the
subject came down from Lansing.
The speakers were Ferd c.
uchWedtman and James A. Emery, the
E commissioners sent by the National
Aosociation of Manufacturers to
Durope to investigate the workings OF
the workmen's compensation acts
there.
President John Trix, OF the Detroit
Employers association, introduced
+ Mr.. Schwedtman, telling Of the need OF
Is oome remedy for existing conditions to
prevent avoidable accidents and pro-
vide for a satisfactory method OF pro-
tecting both the employer and the
omploye from the consequences OF
those that are unavoidable.
~ Mr.. Schwedtman took up the Ger
man system, Illustrating his lecture
. with q series of carefully compiled
charts, showing graphically the re-
oults that have been obtained from the
Workmen's Compensation Act In Ger
many. He said in part:
"Employers' liability laws have per-
6ape been the most fruitful source
of worry, dissatisfaction and friction
% the employers and wage workers or
5 The United States. II Is freely ad-
. mitted that looking at the subject from
the humane, economic and legal view
point, our present system can and
ought to be changed.
after q thorough inquiry among
. 81. 900 employers of the United States,
- report was placed before the annual
meeting OF the National Association
of Manufacturers and resolutions
adopted, OF which the following Is a
part.
Be It resolved, That the pres
ent system OF determining en-
ployers' liability Is unsatisfactory,
wasteful. slow In operation and
antagonistic to harmonious rela-
lions between employers and
wage workers; that an equitable,
mutually contributory indemnity
system automatically providing
relief for victims of Industrial ac-
cidents and their dependents, Is
required to reduce waste, litiga-
ton and friction, and to meet the
demands of an enlightened ma
tion.
Be II further resolved, That the
prevention OF accidents il one Of
even greater importance than
equitable compensation to injured
workers."
Mr. Schwedtman devoted himself to
GIscussing the German methods OF
Industrial compensation. He said:
all accident insurance In
0ormany Is of the mutual kind. Acct
dent Insurance institutions are en-
nc 4Int Isxrt MI al M
cording TO trades or crafts. for the
+ purpose OF carrying mutually and
collectively their workers accident
cOmpensation risk. Under the Ger
man law every employer must belong
% the organization of his craft and
- these employers associations Is
Ulven. the necessary legal power to
0nforce accident prevention and in
Durance rules, not only upon the en-
Dloyer but also upon the worker"
The German Workmen's Compensa-
{i0n Act provides that workmen shall
~ compensated for industrial In
jurfes. including death, out Of fund
Qf which about 80 per cent 10 paid
~ the employer, IL per cent by the
omployes out of their wages and
three per cent by the state for adj
ministration and supervision. This
+ about represents the percentage OF
xenponsibility for industrial accidents,
die employers taking the burden OF
those due to the hazard of the trade
md their own negligence to provide
s uafety appliances and the workman
paying for the percentage OF acct
dents shown by statistics to be due
to his own carelessness. The liability
~ the employer is fixed and definite,
under this plan enabling him to make
4 A 9 part Of his manufacturing cost,
and, ultimately, put the burden where
e rsghtfully belongs, upon the con-
1. nllmer
Mr.. Schwedtman showed In the IL
lrstrations presented how such sim.
pie devises as sharp points or soft
rubber tips on the lower ends Of lad
4ers and hooks at the upper ends,
GERS and hooks at the upper
ends, painting dangerous situations
and parts of machinery red and Gov
o-Ing all projecting parts of machin-
f cry such as the head OF set screws,
had resulted In Germany In reducing
+ accidents to minimum.
Mr.. Schwedtman was followed by
James A. Emery.
Mr.. Emery alluded to the prevail
Jus HtctattbtaCtlOn viii WHICH near
4 ~ oil classes regard the continuing
. development of our own doctrine OF
r employers liability. The delays and
. waste incident to its administration.
The social friction continually In
creasing and apparently inevitably a..
(ached to its administration, are q
source OF dissatisfaction to employer
md employe.
Mr. Emery outlined the origin AMI
development Of the British Compensa.
ton Acts, beginning with the limited
experimental legislation OF 1897 and
1900 and going In some detail into
( The existing act Of 1906, the last ex
precision OF parliament upon compen
ootion
The act provides" he said, ''tha,
. every employer shall be liable to any
Workman In his employ for personal
{ Injury by accident arising out OF and
~ the course OF employment There
- but one bar TO recover IL the &C
&I1ent be due to the serious and vii
20 misconduct OF the injured person
<Govi6ed, however, II Il results in
a orfous or permanent disability, thu
orkman may recover, no mates
Iow wilful his misconduct may have
zen nor no matter how seriously
&o( conduct may effect the life or
ND Of others or the property OF the
ne workman IL entitled to receive
t.aufx.....