The Barre daily times. (Barre, Vt.) 1897-1959, 1912-02-20
LIABILITY LAW URGED.
Continued from first page.l

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of the death of nearly 10000 workers
and S2l $4,000 approximately for per.
manent or temporary disabling injuries
as we'll as sustaining an economic los,
of l6l $4,000 days
The proposed bill declares that it i.
the policy of Congress to consider the
burden Of payments for personal in:
juries as an element of the cost OF trans.
portation and directs the interstate com.
merce commission to recognize and give
effect to this policy.
The bill would provide that every com
mon carrier engaged in Interstate or for
eign commerce by railroad shall pay
compensation to any employe who sus-
tains personal injury in line of duty or
to his dependents in case of his death.
II makes the remedy exclusive by reason
OF the compensation being complete sat.
isfaction II abolshes all existing com
mon law and statutory remedies, and
applies to all railroads in the District OF
Columbia as well.
1t would exclude from compensation
the first fourteen calendar days. except
that the employer is to furnish all neces-
sary medical and surgical aid, including
hospital services. and is to continue 70
so furnish after the fourteen days under
specific provisions
The employee or his dependent must no
tify the employer of the accident within
thirty days. except under certain con
tingencies which extend the limit to
ninety days. After the fourteen-day pc
Rod following the injury employer and
tNIn - t.,
settlement; arbitration committees may
be organized by them to settle disputes
and award compensation, subject to re-
view within two years. an "adiuster of
accident insurance" to be appointed by
each United States district court for four
year terms at from 81 800 to $4,000 an
nually. Either party may petition the
adjuster to proceed. The adjuster is o.,
report his finding to the court. Right to
compensation is forfeited by an employee
as long as he refuses physical examina.
tion by the employers physician.
Jury trial rights are preserved but are
to be deemed waived except on demand.
The adjuster or the court will fix the
compensation of counsel for the employe.
Provision is made for appeals to the
circuit court of appeals and to the SUI
preme court, and for guardians to act on
behalf of infants, under eighteen, or the
mentally incompetent.
The measure would prohibit assign
ments of any cause of action or pay
ments due or to become due and exempts
all such liability and payments from
levy or sale.
The compensation is first lien on
the employers property in case of insol-
yency.
The governments right to enforce pen
atty is not to be affected by the act.
If any injury or death is caused under
circumstances creating a legal liability
for damages by any other carrier, tine
employer "is subrogated to the rights of
the employee and may maintain an ac-
ton to recover damages not exceeding
the compensation payable to the EN-.
ploye. No contract or device of any
kind, is to operate to relieve the en-
ployer from any liability under the act.
The monthly wages are to be considered
as not more than 500 nor less than $50
a month, with certain exceptions.
Monthly Payments of Death Benefits.
Monthly payments Of death benefits are
to be made for eight years thus:
A widow alone, forty per cent. of the
wages; widow and child under
sixten or otherwise dependent, fifty per
cent; any child under sixteen or depen-
dent % per cent, and 10 per cent. for
each additional child; payments, if the
widow dies or remarries within eight
years, to be continued to the children, if
any, for the unexpired period. If no
widow or children, fifteen per cent. to
partially dependents, and twenty per
cent. to one wholly dependent parent. |
and forty per cent. if both parents are
dependent. In the absence of these de. |
pendents. provisions are made for broth
ar, sister grandparent, or grandchild as
dependents.
Personal injury compensation is made |
On the basis of fifty per cent of month !
y wages for life for permanent total
and fifty per cent. during tent !
Dorary total disability. For loss of an
arm payments are to continue seventy !
Two months, a leg sixty-six months, AN |
I'VE thirty months, a thumb thirteen |
months. No payments are to be made |
while the employee is at work at wages |
ninety per cent. of those he received at /
he time of his injury. The commits
sion made provision for contribution Of
payments by joint employers for defining
he different benefeiaries under the act,
or modes of payment of compensation.
Among the points contended and dis
'ussed by the commission in its report 1
ire these: II
Congress has the constitutional powerl
o pass this proposed legislation. 1t is
! regulation of interstate and foreign