Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-02-06
EMPLOYERS LIABILITY BILL
CALLS FOR DRASTIC
LEGISLATION.
CONTRADICTORY cARELEssNEss
WOULD BE ILLUMINATED
Measure If Adopted viii Increase Elk.
psnditurss Of Railroads for Acct.
dents Is Per Cent, or to Total Of
$4,000, 600 AnnualIy-cost Must Be
Figured as Part Of Transportation.


ployers' liability and workmen's COM
pensation report, made public TO-DAY.
Headed by Senator Sutherland. OF
u1.ah the commission personnel also
consists of Senator Chamberlain Oh
Oregon: Representative Moon. OF
Pennsvlvania; Representative Brant-
lev Of Georgia; and D. L. Cease, ed
itor of a railroad mems magazine. Inc
renorf ia accompanied by the draft OF
a hill In which the commission eliml-
nates the common law doctrine OF neg
l;pence with what it characterizes as
tho unjust defcnses of assumption OF
r,.k fellow servants fault and con-
tr,h,.ory negligence. Compensation
With a general basis Of an equivalent
to one half wages is to be paid in ev-
ary case except where the injury or
death is caused by the wii1ui ih'en
tion Of the employe to injure himself
or another or in case OF lntoxica'ion
on duty.
The combined railroad companies Oh
the country are paying out 10 eher
employees for accidents in settlements
and judgments approximately $lo,oo''-
900 and the proposed law, as nearly as
the commission can estimate H. VIII
raise this by 25 per cent. Figuring Oh
the periodical payments extending over
A term OF years and capitalized at per
cent. the commission points out tnat
,he total received by the benef1clarles
would reach an aggregate OF sle'ooo'-
600 annually. 1t points out that LOT
every dollar the railroad companies
are compelled to pay under eNlstihs
law they will under the proposed Ia"
nav approximately s1,2a, and tha' LOT
every dollar the employees and their oe-
nendents now receive they Woulo re-
ceiye q sum very much in excess OF
Il %. 1t says that during 1908. lsos
and 1910 the railroads paid S14.ooo,ooo
in settlements and judgment alone on
account Of the death OF nearly lz.ooo
workers and s21.333. 900 approximately
for permanent or temporary disabling
,niuries as we'll as sustaining an
economic loss OF 1e1.e5..00o days.
Part Of Cost Of Transportation.
The proposed bill declares that IT IS
the policy Of congress to consider the
burden of payments for personal IN
iuries as an element Of the cost OF
ira sportation and directs the inter-
state commerce commission to recog-
nize and give effect to this policy.
The bill would provide that every
common carrier engaged in interstate
mr. foreign, commerce by railroad shall
nav compensation to any employe who
sustains personal injury in line OF duty
or to his dependents in case Of his
death 1t makes the remedy exclusive
by reason Of the compensation being
complete satisfaction. 1t abolishes all
existing common laws and statutory
remedies, and applies to all railroads in
the District of Columbia as well.
It would exclude from compensation
the first fourteen calendar days. ex-
cept that the employer is to furnish
all necessary medical and surgical aid,
including hospital services, and is to
continue to 30 furnish after the four
teen days Under specific provisions
Provisions Of Measure.
The employee or his dependent must
notify he: employer Of the accident
within thirty days, except under GER
tain contingencies which extend the
limit to ninety days After the four
teen day period following the injury.
employer and employe are to agree in
writing on a settlement; arbitration
.commtttees may be organized by them
to settle disputes and award compen-
sati0n, subject to review within two
years, AN "adjuster Of accident irsur-
ance" to be appointed by each United
states district court for four year
terms at from 800 to $4,000 annually.
either party may petition the ad-
juster to proceed. The adjuster Is &C
report his fnding to the court. Right
10 compensation is forfeited by an en-
ploye a. long as Re refuses physical
examination by the employers physi-
clan. 80
Jury trial rights are preserved but
are to be deemed waived except on
demand. The adjuster or the court will
Ak the compensation Of counsel Tor
the enploye. Provision is made for APP
reals 70 the circuit court Of appeals
and rs the supreme court, and for
Guardians to act en- behalf OF infants.
under eighteen or the mentally In
competent
the measure would prohibit assign
ments Of any cause Of action or pay
ments due or to become due and cS'
empts all such liability and payments
from levy or sale.
The compensa ton is first lien on
the employers property in case OF In
solvency
Monthly payments Of death BENEFITS
are to be made for eight years, thus:
A widQy alone. 40 per cent OF the
monthly Wages, widow and child un-
der is, OF otherwise dependent, 50 per
cent; any child under 16 or dependent,
Is per scent, and 10 per cent for each
additional child; payments, II the
widow dies or remarries within eight
years to be continued to the children.
if any, for the unexpired period. II no
widow OF children, Is per cent to par
italy. dependents, and 20 per cent to
one wholly dependent parent and 40
! per cent 4if both parents are dependent.
In the absence Of these dependents,
lfproyisions 5Afe made for brother. sis
ter, erandparent. or grandchild - de-
pendentS.
Personal injury compensation il
made on the basis Of 80 per cent Of
imon&h wages for life for permanent
1totdl Disability and 80 per cent during
total disability. For loss Of
Ian arm garments are to continue sew
Isnt1.tH mo,ths. . leg stxty-siz