Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1912-03-21
TODAY
BOTH PHONES 912.

i to exceed 5000, will be paid from the
Insurance Fund in both cases of
temporary or permanent disability.
In case the injury causes death
and the deceased workman has de-
pendents, sixty-six and two-thirds per
cent of his average weekly wages will
be paid to the dependents for per-
iod of six years, dating from date Of
accident. In addition to this, funer-
al expenses not to exceed $3.50 will
be paid from the Insurance Fund.
If the deceased workman has no
dependents, his funeral expenses will
be paid from the Insurance Fund.
The. workmen or their dependents
are not required to pay any lawyer
fees or court costs; they get the
benefit of the full amount. The pro-
cedure will be to have the injured
workman, or the dependents of
killed workman, fill out blank
stating the nature of the accident,
disability, etc. This report will have
to be signed by the employer before
/ it is submitted to the Board of
Awards. The Board of Awards will
then pass upon it and make inves-
tigation, if such should be necessary.
But in no case should it take longer
than two or three weeks until the
workman or his dependents receive
payment from the Insurance Fund.
Thus the long delay that usually &C
companies a damage suit is elimina-
ted.
If the injury is caused by the will
full act Of the worker, he does not re-
ceive any compensation. But if 1t is
caused by the wilful act of the en-
ployer or any of his superintendent,
or through the failure of the employ
er to comply with any state or muni-
cipal law, for the protection of the
life or safety of the workers, then
the injured employee or the depend
ents of killed employee shall have
the option of accepting compensation
under the Green Law, or of entering
a suit for damages in court. In such
suit the employer cannot avail him.
self of the defenses of Contributory
Negligence, Assumption of Risk and
Fellow Servant rule. If the work
man or his dependents exercise the
option of entering suit in court they
cannot afterwards claim compensa-
ton under the Green Law, irrespec-
tive of whether they win or. lose in
the law suit.
The decision of the Board Is final
in all cases, except where the Board
denies any compensation whatever,
on the ground that the injury was
self-inflicted or on the ground that
the accident did not arise in the
course of employment. In such case
the workman or his dependents can
appeal to the court of common pleas.
Now in case an employer who en-
ploys five or more workmen does
not uay into this Insurance Fund, he
shall be liable to his employees for
damages suffered by reason OF per-
sonal injuries sustained in the course
of employment, and to the personal
representatives of such employees IN
case death results, and in such dam
age suits the employer cannot avail
himself Of the defenses Of Contribu-
tory Negligence, Assumption OF RISK
or Fellow Servant Rule.
Th ereason for giving the workman
Or his dependents, in the exceptions
mentioned, the option of entering
suit in court for damages, even
though the employer has paid into
1.-THE insurance fund, is to discourage
negligence and failure to observe
state and municipal laws for the pro-
lection of the life and safety OF his
workers. IF that section were elm
mated from the law, it would mean
that the employer would be protect
al against damage suits even though
rs ar his superintendent had been
wiJfulIy negligent and had intention
allv violated state or municipal laws
for the protection Of the life ana
safety Of the workers. That would
nyohably mean that thousands ana
thousands Of dollars would be paid
frora he insurance Fund for injuries
and deaths due to the accidents that
eouId have been easily avoided. The
result Of this would be 9 high rate
81 insurnce In which the careful and
iawfdl employers would be taxed Tor