Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-22

No. 5SS, Al lPubllShed June rs, 1913
CHAPTER 500, LAWS OF 1913.
AN ACT-TO amend sections 2394-1 to
2394E31, inclusive, of the statutes, re
lating to the liability of employers for
injuries or death sustained by their
employees providing for compensation
for the accidental injury or death of
employees, and making an appropria-
ton, and providing penalties
The people Of the State of Wisconsin,
represented in Senate and Assembly,
do enact as follows:
Section l. Sections 2394-1 to 2394--31,
inclusive Of the statutes are amended to
read: Section 2394-1. 1. In any action to
recover damages for a personal injury
sustained within this state by an en-
ployee while engaged in the line Of his
duty as such, or for death resulting from
personal injury so sustained, in which
recovery is sought upon the ground Of
want of ordinary care of the employer, or
of any officer, agent, or servant OF the
employer, it shall not be a Defense:
CD That the employee either express
ly or implicitly assumed the risk Of the
hazard complained Of.
CD When such employer has at the
time of the accident in common en-
pIoyment four or more employees, that
the injury or death was caused in whole
or in part by the want of ordinary care
of fellow servant.
60 When such employer has at the
time of the accident, in a common en-
ployment four or more employees, that
the injury or death was caused in whole
Or in part by the want of ordinary care
Of the injured employee, where such
want of ordinary care was not Wilful.
2. Any employer who has elected to pay
compensation as hereinafter provided
shall not be subject to the provisions of
this section 2394-1.
Section 1884, No contract, rule, or
regulation, shall exempt the employer
from any of the provisions of section
2394-1.
Section 23e4- 8 Liability for
the compensation hereinafter provided
for in lieu of any other liability whatso-
ever shall exist against an employer for
any personal injury accidentally sus-
tanned by his employee, and for his death,
= in those cases where the fol-
lowing conditions of compensation con-
% Where, at the time of the accident,
both the employer and employee are sub
iect to the provisions of sections 2394-
= 8 to 2394-31, inclusive. =
(2) Where, at the time of the acct
dent, the employee is performing service
growing out of and incidental to his en-
ployment.
Every employee going to and from his
employment in the ordinary and usual
way, while on the premises of his en-
ployer, shall be deemed to be performing
service growing out of and incidental to
his employment.
caused by accident, and is not
Intentionally self-inflicted.
And where such conditions of compen"
sation exist for any personal injury or
death, the right to the recovery of such
compensation pursuant to the provisions
of sections 1854 3 to 2394-31,
inclusive, and acts amendatory thereof,
shall be the exclusive remedy against
the employer for such injury or death in
all other cases, the liability of the en-
ployer shall be the same as if this and
the succeeding sections of sections 2394-
to 2394-31 inclusive. had not
been passed, but shall be subject to the
provisions of sections 2391-1 and 2394-
Section 1884 4. The follow
ing shall constitute employers subject to
the provisions of sections 2394-
8 to 2394-31, inclusive, within the mean
ing of section 2394-3
% The state, and each county, city,
town, village, ard school district therein.
ca Every person, firm, and private
corporation Including any public service
corporation), who has any person in SER
vice under any contract of hire, express
or implied, oral Or written, and who, at
or prior to the time of the accident to
the employee for which compensation I'M
der sections 2394- to 2994-
81, inclusive, may be claimed shall, in the
manner provided in section
2394-5, have elected to become subject
to the provisions of sections 2394--
3 to 2394-31, inclusive, and who shall not,
prior to such accident, have effected a
withdrawal of such election, in the man
ner provided in subsection l of
section 1906.
Section 2394- s. 1. Such
election on the part of the employer shall
be made by filing with the industrial
s. commission, written state
ment to the effect that he accepts the
provisions of sections 2394- 8
| to 2394-31, inclusive, the filing of which
statement shall operate, within the
meaning of section 2394- 4, to
| subject such employer to the provisions of
sections 2394- to 2394-31, in
elusive, for the term of one year from
the date of filing such
statement and thereafter, without fur
| Their act on his part, for successive terms
of one year each, unless such employer
shall. at least sixty days prior to the ex-
piration of such first or any succeeding
| year, file in the office Of said =
! commission a notice in writing to the eff
| feet that he desires to withdraw his
| election to be subject to the provisions of
| sections 2394- to 2394-31, in
elusive.
2. On and after September /, 1913,
every employer of four or more employees
| in a common employment shall be deemed
to have elected to accept the provisions
| Of sections 2394--3 to 2394-31. inclusive,
| unless prior to that date such employer