The labor journal. [volume] (Everett, Wash.) 1909-1976, 1912-09-13
TO HELP WORKERS
Draft of Pennsylvania'S Proposed
Liability Act.
COMPENSATION SCHEDULE.


Fixed and Workman's Rights Out
lined-sums to Be Paid For Various
Degrees of Injury.
The Pennsylvania Industrial Acct
dents commission. Of which David A.
Reed Of Pittsburgh is chairman, has
issued a second tentative draft or the
workmens compensation act.
The liability Of an employer to make
compensation for injuries received by
an employee in the course Of employ
meut is prescribed In the draft.
That the employer is responsible for
all accidents to his employees. unless
it is revealed that the latter have been
guilty Of gross negligence is explicitly
stated The burden Of proof, the draft
continues. is placed upon the employer,
the issue to be decided before a jury
/ In explaining the question Of wilful
negligence the commission points out
that this means reckless Indifference
to danger.
The act fixes a schedule OF compensa-
ton, specifically enumerating serious
ness Of injuries and the sums to be
paid. For temporary total disability
the act prescribes that the employer
shall pay half of the wages at the
time Of the injury. The stipend, it Is
provided. shall not be more than SO
nor less than SIS a week II the latter
amount is the weekly wage then the
injured workman is entitled to his en-
tire envelope A period Of 300 weeks
is indicated as the limit for me paying
of the wages
In cases of permanent total disability
half wages will also be paid the ten
and five dollar rule prevailing with
400 weeks as the limit for the pay
ments.
/ In cases of disability partial in char
acter, excepting instances mentioned
in a list Of minor injuries, there shall
be paid so per cent of the wages but
the sun must not be less than $40
weekly. Three hundred weeks is pre-.
scribed as the term for the compensa-
ton.
Regarding partial permanent dlsabil
ity cases the classes. with the com
pensatlon, are named as follows:
For the loss Of hand, so per centum OF
wages during IFS weeks
For the loss of an arm. 50 per ceutum OF
wages during 2l5 weeks.
For the loss OF foot, 60 per centum of
wages during ls0 weeks
( For the loss Of a leg, so per centum OF
wages during rs weeks
/ For the loss of an eye 50 per centum OF
wages during rs weeks
/ The loss Of both hands or both arms or
| both feet or both legs or both eyes or OF
any two thereof shall constitute total and
! permanent dlsa bility, TO be compensated
4 according to the provisions OF clause b
| Amputation between the elbow and the
| wrist shall be considered as the euuiva-
| lent OF the lose OF hand, and amputatton
/ between the knee and ankle shall be con
sidered as the equivalent Of the loss Of a
! foot. Amputation at or above the elbow
! shall be considered as the loss of an arm
and amputation at or above the auee shall
be considered as the loss Of leg
The act then details the compensa
ton for deaths. The amounts are all
subject to the same limitation as to
maximum and minimum amounts to
be paid weekly as stated ia the matter
OF temporary total disability. Should
an employee die as the result II an in
| jury his compensation is reduced by
the amount Of wages paid to him by
an employer during his lifetime. PAY.
ments for hospital and funeral ex
penses. together with medicines ana
| nurses fees. are subtractpd The com
pensation Is nothing if the patient
while under treatment dies from q
cause other than an injury received at
the employers place of business.
The scale to be paid to the survivors
Of a deceased employee Is fixed in the
draft as follows:
To child or children. II both parents
be dead, Is per centum OF wages of de-
ceased. with 10 per centum for each child
IN excess or two, with a maximum Of 60
per cent to be paid to their guardian
10 the widow or widower. II there be no
children. Is per cent OF wages
To the widow or widower. II there ne
one child, 40 per cent of wages
To the widow or wdower. u there be
two children. As per cent OF wages
To the widow OF widower. If there be
three children. so per cent IT wages
TO the widow or wdower. II there be
four children. s. per cent of wages
To the widow or WidOWer ii There ms
i've children. so per cent Of wages.
sixteen year age limit will apply
In regard to children. brothers and
sisters, wherever compensation il pro
vided for them. II also covers stpn
children. Widows. In order to be- rec
ompensed, must be living with the de
cedent at the time OF his death The
wages upon which death compensa
lions are based, 1t Is stated shall not
In any case exceed $40 week nor be
less than $40 week The limitation
of payments is prescribed at 300
weeks.
1t is provided that where there are
no surviving widows, widOwers or
children the beneficiaries shall be the
father and mother. Brothers and sis
tiers. If they show dependency, will
also benefit, but II there are no de-
pendents the expenses of the sickness
and the funeral to an amount not TO
exceed 500 will be paid.
The payments will be 10 the same
periodical installmentS as were The
wages Of employees before the acct
dent or both. II Is stipulated that in
the case of a workman laboring under
several concurrent contracts his wages
from all the employers shall be con
sdered as If earned from the employer
Tia Bile.
Wages" the draft states. refers to
the method Of payment by which rec
Ompense was made before the dit,a