The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1913-07-03
NO NEGLIGENCE DEFENSE
New Act Makes Special Provisions to
Protect Contractors and Does Not
Meet with Great Favor from Leaders
Of Manufacturing Interests.

workmen S compensation act which
win 90 into full effect September l Of
this year. While the principle of the
act remains the same, several import
ant changes IN detail have been made
by the 1913 legislature. All OF these
changes were made upon recommends
tion of the Industrial commission
which administers the law. The act
as amended viii have the effect after
September ], of providing compensa-
ZION in the event of injuries suffered
during the course of employment, for
practically every industrial worker IN
the state Heretofore this compensa-
ton has been provided to employees
only in case their employers had elect
ed to abide by the terms Of the act.
Under the new act, every employer of
four or more persons will be subject to
the provisions of the workmen S COM
pensation act unless he specifically
elects not to be so subject The bene-
fits to injured employees or their de-
pendents remain almost unchanged,
the chief exceptions being in the case
of workmen who are totally perma-
nently disabled in which event the
compensation is extended over a period
Of six years from the date of the
injury.
Following the lead of a score or
more states, the new act abrogates
the defense of contrbutory negligence.
The act Of 1911 abolished only the two
defenses of assumption of risk and
negligence of fellow servant. The
abrogation of the third defense places
Wisconsin upon an economic equality
with several states whose industries
are similar to Wisconsin S. All three
defenses are restored only to those
employers whose employees refuse to
accept the act.
The provision under which employ
ers automatically will come under the
law unless they elect to the contrary,
will affect approximately two thousand
employers in the state, fifteen hundred
employers having already come under
the law. On September /, the indus
trial commission merely will assume
that the provisions of the act apply to
all employers except those who file
their notification that they do not de-
sire to abide by the law. This assump-
ton, of course, will take into ac-
count the limitation of four or more
employees.
The new act contains provisions of
considerable Importance to contrac-
tors who are made liable for injuries
to employees of sub-contractors. Special
provision is made, however for the
contractor to protect himself against
losses
An entirely new section of the act
requires all employers to carry insur.
ance unless exempted by the Industrial
commission. Exemption may be secur.
ed by filing satisfactory evidence with
the commission that the employer is
financially able to carry his own risk
All employers who are under the act on
June so and who have been carrying
their own risk without insurance, will
be permitted to continue this method
until September l, at which time they
will be re CURED to demonstrate their
financial ability Others desiring tc
carry tb.3r own risk, may make ap.
plicat'.sa Wy letter, stating such facts
as will Justify them in carrying their
own insurance. The commission then
will grant such permission until Sep
ten,ber ], 1913, as a matter of course
Before September /, the commission ii
conjunction with employers now carry
ing or desiring TO carry their owl
risks, will adopt some general plan un
der which permission will be granted
Under section 9 of this act, specifi,
provision for compensation is made il
cases of specific injury, such as the
loss of fingers, or parts thereof, arms
legs, etc This provision, it is expect
ed, will greatly simplify the admins
tration Of the act and will also be o.
great aid to employers in making
speedy adjustments under the law
This table of specific compensation i
the result of scientific deductions
drawn from the already wide expert
ence of the commission in administer
ing the law since 1911.
The new law contains provision
under which employees may secure com
pensation on account of time los
through infection, not due to the neg
lect of the workmen. This provision
is not found in any other American
compensation act. Another origina
provision provides for compensation il
cases of serious facial Disagreement
Still another original provision reduce