Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-02-07
The smith BILL.
Second Act For COmpenSa-
ton for WOrkmen.
Similar to StedIns Bill, But In
lereSiing Situation.
-
Appear Soon Before Judiciary Com.
-. r.ittee, Stearns Chairman.

| proposed puDiic UTILITIES lNSi9lo t''ti
has arisen over two workmcn's COM
pensation acts introduced by Senator
Stearns of oxford and Representative
Smith of Auburn.
| Both are about due for appearance
before the judiciary committees of
Which Stearns is chairman The meas
ures are somewhat similar in their
provision, the Smith bill being largely
based upon the Michigan law.
| summary of the Stearns bill was
recently published in the kennebee
journal. Following are the essential
features of the Smith bill
1t will become effective 80 days at
ter the adjournment of the legisla-
ture, in conformity with the initiative
and referendum amendment 10 the
| constitution.
| BY it the common law defenses in
| cases coming under the provisions Of
the act are removed. These defenses
are: That the employee was negligent,
unless and except it shall appear that
| such negligence was wilful. that the
| injury was caused by the negligence
of fellow servant; that the employee
had assumed the risks inherent in or
incidental To, or arising out of his eni-
pleyment, or arising from the failure
of the employer to provide and main
tain safe premises and suitable appli
ances
These provisions do not apply to ac
tions to recover damages for bodily
injuries. sustained by household do
mestic servants and farm laborers."
I'm no
pay compensation is not subject Il
these provisions; nor is such en-
ployer subject to any other liabilities
whatsoever. except as to employees
who have elected to become subject To
this act
II the employer has elected, and the
employee has not elected the common
law defenses are available for the
benefit of the employer
Both the employer and the employee
have the privilege to elect whether
they will. or viii not, come under the
provisions of the workingman's com
pensation act.
Election on the part of the employer
is 70 be made by filing with the Conn
pensation Commissioner notice Of
such election. He may elect to carry
his own risks if he can satisfy The
board of his ability to do SO. or he NAV
insure in any employers liability in
sufance company authorized to do
business in Maine.
such employer is bound for one
year and without further action for
each successive year He may with
draw by giving 30 days notice prior to
expiration of such first or any sue
cessive year
Within ten days after approval of
such election. notice must be posted
IN a conspicuous place in plant. shop,
nine or place of work. that he will be
bound by the provisions of this act.
AS to the following employers the
provisions of the act are compulsory:
that Is they are bound by the com
pensation provisions and have no OBJ
ton: The State, each county, each
city each township, village and school
uistrlct. Any employee in service as
mentioned shall be subject to the pro-
visions of this act.
employees of a contract performing
work Tor State, city etc, are not en-
pioyees OF State. city, etc.
olher employees who are subject 10
the provisions of this law are. Evorv
person firm and private corporation
ihciudlnS any public service cornora-
'iol' employing another, electing to be
oouho thereby as hereafter set forth
any employee in service of above as
mentioned is deemed to have accent
"a II AT tiine of accident. Cd The en-
pioyer charged with such liability is
subject TO the provisions of This 90,
whether employee has actual Notice nm
not ana CD, such employee has moi NJ
IN % entering empAa5, given notice
"iitihs that he elects not to be
sooJect thereto, or if such contract or
'iie was made before such emplover
oeoaile subject thereto, such emplovea
'iiah not have given notice in writino
mat he elects not to be suhiact -
Such provision, or without .i,inn
eiener OF such notices shall have re.
manned in service of such emnIo,.o,,
'of 90 days after EMPLOYER has 6Iad
notice OF his election.
compensation commences nm Tho
i'th day following injury.
DarihS first two weeks after the in
Jury The employer shall furnish ~.
cause to be furnished reasonah1a
ii'euical and hospital service ana
medicine anu
death results, a weekly pavmept
sqoal To one-half the average weekly,
"'ses' not more than $40 nor less tban
~ q week, for period of 500 weeks
ne above in case of those known ~.
"i'oliy dependents, "A wife upon a bus.
D''he' with whom she lives at time Of
uea,n' and husband upon wife
YIN WON he lives at time of death.
ea'hofeh under Is years OF age or over
80 years of age and physically or men
'''ils lhcapacitated from earning.
Al empioye leaves dependents ONLY
paftially dependent, the amount to be
paiG IS less as case may be IN proper
ton as they receive benefit of en-
ploye's earnings
II employee leaves no dependents,
amount of funeral and last sickness is
to be paid. not exceeding $500
If employe is totally incapacitated.
amount to be paid not more than $40
| per week and not less than "a for a
Il