The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-05-02

l
shall be audited by said State Auditor and
paid upon his warrant.
force from and after its passage.
| Approved April "a. 1918.
| CHAPTER 4e7-s. F.. No. eeo.
AN ACT prescribing the liability of an en-
| damages for injuries due to accident re-
ce1Ved by an employe arising out of and in
| the course of employment. modifying com
| mon law and statutory remedies. in such
| cases; establishing an alternative elective
schedule Of compensation. and regulating
| and compensation hereunder in certain
| cases.
| PART /.
COMPENSATION BY ACTION AT LAW
| MODIFICATION OF REMEDIES.
Section 1. When personal injury or death
Is caused to an employee by accident arising
out Of and in the course Of his employment,
puted negligence Of the employer Isl the nat
ural and proximAte cause, he, or in case of
death, his personal representative for the ex-
| elusive benefit Of the surviving spouse and
next Of kin, shall receive compensation by
way Of damages therefor from his employer,
fully negligent at the time Of Seceivins such
injury; and the question of whether the en-
FACT to be submitted to zen urv snb ef fo
the usual powers of tho court over verdicts
rendered contrary to the evidence to law.
| sec: =. In all cases brought under Part 1.
Of this act it shall not be a defense (a) that
the employe was negligent, unless and except
IL snail also appear that such negligence was
| w1iitul; co. that the injury was caused by the
employe had assumed the risks inherent in, or
in the course of his employment from the
failure Of the employer to provide and main
tain safe premises and suitable appliances
| ished except as provided In Section 4.
| Sec. 3. If the employer elects not to come
to interpose the three defenses named In Sec
ton in any action brought against him for
personal injury or death Of an employe..
| Sec. 4. If the employer becomes subject to
! Part ? Of this act and the employe does not,
then the employer may set up such defenses
as are available at the time Of the passage
Sec 5. The provisions of Sections One Two.
Ihree and Four shall apply to any claim for
ton 4503 of Chapter 81, Revised Laws Of Min
nesota 1905, and the acts parts of acts
am amer Dat yo+ thereof concerning death by
See: s: In all actions at law brought pur:
suant to Part l.. Of this act, the burden OF
injured employe shall be upon the defendant
l. Sec. Z. No claim for legal services or dis
na to to- demand =, me
act shall be an enforceable lien against the
amount paid compensation, be valid OF
be approved in writing by the Judge presid-
ing at the trial. or In case OF settlement with
out za by judge of the Dstet Court
ices or disbursements, the same shall be a
ssbet tn Of the
and approval hereinbefore provided. All sums
allowed as liens against such compensation OF
paid for legal, medical and hospital services
and other disbursements, shall be reported by
| the employe to the Labor Commissioner with
! terms OF settlement as provided in Section "a
| Of. this act.
PART 2.
ELECTIVE CONVERSATION
Sec 8. This act shall not be construed or
held to apply to any employer acting as a
! common carrier when engaged In Interstate or
foreign commerce by railroad, which employer
ey reason of being engaged in interstate or
foreign commerce by railroad, is not subject
exclusively to the legislative powers Of the
State of Minnesota, or for which employer and
the employees thereof. rule of liability Or
established by the Congress Of the United
States; nor shall it apply to any employe of
such common carrier injured or killed while so
engaged. Nor shall the provisions of this act
apply to actions or proceedings to recover
damages or compensation for personal injuries
sustained by domestic servants, farm laborers.
the injury is but casual and not in the usual
course of the trade. business, profession or
| Whenever employe Of common carrier
engaged In interstate or foreign commerce by
4 railroad snail sustain personal INJURY DN aC-
employment, resulting in his disability or
death. 1t shall be presumed prima facie that
n,a Sec s6a, both employer and en-
become subject to e Part Of this Ris''a aet
esssads to Shalt the be pa
by every such employer, in every case Of per
sonal injury or death of his employe. caused
Wop to IN the the
Of negligence, except accidents which are in
tenttonaly self inflicted or when the into,sl
proximate cause Of the injury. and the bur
den Of proof Of such fact shall be upon the
Sec. 10. Such agreement or the election
| hereinafter provided for shall be surrender
by the parties thereto Of their rights to any
other method form or amount Of compensa,
! in Part 2 of this att, and acceptance of
| all the provisions Of Part Of this act, and
pensation for De his death shall bind his per-
| sonal representative, the surviving spouse and
next next OF kin. as well as the employer, and
| ruptcy or insolvency, for compensation for
death or injury, as provided for by Part 2
| Sec. ii. All contracts Of employment made
after taking effect Of this act shall be pre-
| sumed to have been made with reference, and
| otherwise expressly stated in the contract, in
writing, or unless written or printed notice
has been given by either party to the other
accept the provisions OF Part 2. Every en-
ployer and every employe is presumed to
unless thirty: go days prior to accident he
| shall have signifed his election not to accept
! or be bound by the provisions Of Part g
This election not to accept Part 2 shall be
The employer shall post and keep posted
In his shop or place OF business written or
! by Part 2. hereof and file duplicate thereof
with the Labor Commissioner.
The employee shall give written or printed
be bound by Part q, and file duplicate proof
Of service attached thereto with the Labor
Sec p. Either party may terminate hi.
| acceptance, or his election not to accept Of
the provisions Of Part Q. by thirty 800 days
notice 3 the dopeate Of such
shall be filed with the Labor Commissioner
and the time shall not begin to run until the
Provided, however. that during the thirty
800 days Immediately succeeding the taking
effect Of this act notice of election not to
by either party to the other as above pro-
vided, and shall be Immediately effective as
notice OF election, upon filing duplicate
thereof with the Labor Commissioner
SCHEDULE OF COMPENSATION
- Sec. IS. Following is the schedule >of COM
porary total disability. fifty per centum a'ls Of
subject to a maximum compensation Of ten
dollars $10:o0 per week and a minimum OF
r dollars ,s t sso we *: ha
wages Of less than six dollars $1,000. per
weel9, then, he shall receive the full amount
& 'nsh ps bald ee the T baTo ~
disability. not, however, beyond three hun
dred weeks. Payments to be made at the
intervals when the wage was payable, Is
nearly NAV be-