Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-04-07

by the act is the employer. The EN-
pIoyee loses nearly half his wages bu
+ pays no part of the compensation fol
! loss Of the other half. In this respect
the draft follows the example of nearly
all the states.
The medium through which the com.
pensaton reaches the injured work
| man is either an insurance company OIL
| state insurance fund
The employer at his option PAYS his
premium to either. In this particular
! the draft resembles somewhat the laws
of Massachusetts and Michigan.
This proposed law is elective, not
| compulsory No state but Washing
ton has passed a compulsory law. II
| is generally believed that such a law
cannot be made compulsory because
of the limitations of the Constitution.
The employer elects to be subject IL
the law by paying his premium
| The workman elects to be so subject
| by working for an asserting EMPLOYER
without giving a notice in writing tina.
he wishes to preserve his right to sue
for damages. The employer who paws
his premium Is relieved from all suits
for damages, except by a non-assent-
ing employee,
It takes away from a -assentins
employer who is sued for damages the
6efences of contributcry negligence
and the fellow servant and assumption
of risk rules. The non-assenting en-
ployee, however. takes his right to sue
subject to these defences.
This feature OF the law is like that of
Mass, chusettS
Several states have established new
boards of three Or i've to administer
the law. This draft, however. provides
for {. board of three, of which the in
saTance commissioner and the COM
missioner Of labor shall be eX-olticio
members The chairman of the COM
mission is the only new officer pro-
,ided for
Since the workmen's compensation
and employers liability act of Michi-
gan went into effect. little more than
six months ago, the average number
of fatal accidents to employees of per-
sons, firms, partnerships and corpor-
atoms in that state has decreased from
two a day to three every two days
The average number of non-fatal ac-
eidents of TIE same class of employees
has decreased from 100 a day to 60
These figures are furnished by the
Michigan State Industrial Board, AMI
are based on the fatalities and nom
fatal accidents occurring to the en-
pleyes of more than 1000 employers of
labor, from the largest railroad man
ufaeturing and mining companies down
10 the small shops where the payroll
does not exceed n few hundred dol
lars weekly. The state board has made
canvass of all the Lansing factories
ana other employers who have come
under this act, and find that they have
spent $15,0o0 for accident prevention
devices on machinery since last Sep
TENDER.
In a very able and illuminating pre-
sentation of the subject made by Rep
resentative Marston in the House, last
Tuesday, he said. among other things.
There are four great objects which
a good Compensation Act should
achieve.
LIST. The acceptance and adoption
Of the Act by the greatest possible
number OF employers and employees.
ID. The elimination of all possible
waste, so that as large n proportion
OF the money paid by the employer
tSf1n ~. l. ,,,,. i
workman promptly. In other words,
70 eliminate litigation and red tape.
Bird. The equalization of the sums
paid or account of similar injuries. SO
that every man injured in particular
way viii receive the same sum.
4tE. The prevention of accidents by
supplying the spur OF self-interest to
seenrc adequate safety conditions CT
labor
In commenting upon the first of these
objects he said, in part:
As to the first object, this bill Of
fers every possible choice of method
for the employer to insure against ac-
cldents to his workmen. He can take
cut insurance with the regular liahil
lty companies that he has been doing
BUSINESS with before. The rates will
undoubtedly be somewhat larger His
insurance will cost him more. But his
final cost for all the accidents in his
business VIII be no greater If he takes
into account all his expenditures con-
Seauent upon accidents under the
present system: and, ] submit to you
gentlemen. his final cost will be less
than UNDER modified employers liza
biiity law, greatly lessenng the COM
mon law defenses.
He can take out State insurance
with the Accident Board il he 50
elects. He can join a mutual liability
association of employers doing the
same general sort of BUSH ess and get
his insurance at actual cost, a Sys-
tenn that has worked wonderfully well
IN Germany.
Or, finally, he can deposit q bond or
satisfactory securities with the Acct
dent Board, and insure himself"
The point made by Mr.. Marston rel
ative to the eventual lower cost of in
surance under this act than under an
employers liability act is dissipating
much needless alarm. The bill is care
6, n,