Evening journal., 1913-02-06

fOll0Wlne IS the act.
AN ACT RELATING 'rO THE LA
BILdTY or EMPLOYERS FOR IN
JURIES OR DEATH SUSTAINED
/ IN THE COURSE OF EMPLOYMENT
/ BY THEIR EMPLOYEES. PROVIDING
/ AN ELECTIVE SCHEDULE OF COM
/ PENSATION FOR THE ACCIDENT
! AL INJURY TO, OR DEATH OF EN-
/ PLOYES IN CERTAIN CASES AND
! METHODS FOR THE. PAYMENT OF
4 THE SAME. ESTABLISHING AN IN
/ DUSTRIAL ACCIDENT BOARD. De
/ Filming IT'S POWERS, REGULAT-
ING IT'S PROCEEDINGS AND PRO
/ VlDING FOR A REVIEW or IT'S
! AWARDS.
Bic 1T ENACTED BY THE SEN
/ ATE AND HOUSE OF REPRESEN-
! TATlVES OF THk STATE OF della
I WARE IN GENERAL ASSEMBLY
! MET:
ARTICLE DAMAGES BY AC
+ T1ON AT LAW.
Section / That I'm any action in
stltuted on and after the first day OF
/ September, A. ID. 1913. by any em-
ploye as hereinafter defined. or by
/ his dependents. to recover damages
from his employer as hereinafter de
/
by accident in the course of his en-
ploymcut within this State after said
! date, or for death resulting from in
j jury so sustained, il shall not be a
dGenceT
~(a) That the injury or death was
caused In whole or In part by thV
want Of ordinary or reasonable care
Of, or by the negligence of, a fellow
, employe; or
(bl That the employe had either
expressly or implicitly assumed the
risk of the injury; or
lcl That the injury was caused in
any degree by the negligence Of such
omploye; but the foregoing provi-
sions OF this section. shall not apply
TO actions TO rocoveN damages for
personal injuries or for death result
ing from personal injuries sustained
by employees of an employer who. az
the time Of the injury. has elected to
become subject TO and Is subject to.
the provisions of Article .. hereof
Section .. U any cmploye be in
jured as a result Of his intoXication
. or because OF his deliberate and reck-
less Indifference to danger, or be-
cause of his wilful intention to bring
about the injury or death. Of himself
or of another, he shall not be entitled
10 recover damages I'm an action at
law or compensation under the pro-
/ visions of Article 2|hereof
Section 3. No contract. rule or
regulation, except the agreement en-
tered into in accordance with Article
hereof shall exempt the employer
or employe from any OF the proyi-
sions Of this Article.
ARTICLE ELECTIVE COMPEN-
SATION.
Section l. II an employe. as de-
fined by Article 4 hereof has implied
ly or expressly elected TO pay. and
his employe as defined in said Arti-
Gle, has impliedly or expressly elect
ed 10 accept. compensation in accord
ance with the provisions of this Ar
tlcle, and the employe while both are
so bound, sustains a personal injury
I'm the course OF his employment re-
sulting in his disability. the right to
compensation for such personal in
jury to, or for death OF. such employe
and the remedy therefor granted in
this Article shall without regard to
the negligence of himself or of his
employer (eXcept as otherwise pro-
vided IN Section of Article ID be in
lieu of all rights and remedies nov
existing either at common law or
otherwise. and in such case the en-
ploye. or in case of his death his de.
pendents shall be paid compensation
by his employer I'm the manner and a.
the extent in this Article provided
When, at the time of any injury,
both the employer and the employe
are bound as aforesaid, the personal
"a a. .rf
the wife husband. widow, widower
next of kin. and other dependents OF
2 the employe shall also be bound.
Section . Every contract of ser
a vice hereafter made by and between
e any employer and employe covered
: by this Act shall be conclusively pre-.
sumed to have been made under the
provisions Of Article 2 of this Act
unless prior to any accident. either
: party notify the other In writing thai
he does not wish to be bound by Ar.
ticlo > of this Act
Every existing contract of seryic,
shall be conclusively presumed TO con
tinue under the provisions OF Article
of this Act from and after the da.
It goes into effect unless either part,
notify the other within thirty day
thereafter that he does not wish to b.
bound by Article 2 of this Act. pro
vided, however, that the provisions o
this section shall not be so construel
as TO impair the obligation of an
contract now in force. and provide
that either employer or employe may
at any time. terminate the application
Of Article 10 this Act TO the contrao
$, Of service. by notice in writing to tn
other party thirty days prior to an
accident Said notice may be give
y by an employer by causing TO b
,r printed and posted, in a conspicuou
H. place. a notice in large type of hi
y intention not TO be bound by Articl
u 2,of this Act, and notice may be give
y. by any employe TO his employer, to tn
'r same effect by mailing to said EN-
u ployer, his manager or superintendent
" at the place of which said workma
n is employed. declaration i'm ordin
h airy language. of his intention not I
i be bound by the provisions of Articl
) of this Act. provided that after tn
e posting of any such notice by an
/. employer, or the mailing Of such nc
4 tice by any employe, such employe
m and such employe shall be goverene
by the provisions Of Article . of thi
e Act With respect 20 any injury o
= death occurring within thirty days @
u the giving Of said notices.
Every employer giving notice of hi