New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-16
The DEPARTMENTS Bill.


senator Foley's bill is the measure
drafted By the State Insurance Depart
,nent after consultation with legislative
leaders. members of the legislative com
r,ittee which has been investigating FAC
tory conditions and representatives or
labor unions and social workers. Be
cause Of the decision that compulsolE
ArnpIovers' liability act was unconstitu-
,ional this measure provide. in its --latest
fo,nn. four plans for the compensation OF
injured workers in hazardous employ
ments. any one of which the employer
NAV elect 70 carry out. lie may elect TO
carry his own insurance. setting aside a
fund for damages. but this must De undeT
the Jurisdiction of the superintendent OF
Insurance. who shall give his permission
for the establishment of such fund; or
the employer may become a member oil
a mutual Insurance association FORMED ior
the purpose of paying damages TO injured
employees: or, again. he may insure III a
stock corporati ton which will pay dam
ages to the injured. That is. he may buy
his insurance from an accident or casualty
assurance company. This is the feature
Of the bill which the labor unions protest
against 80 violently. The fourth alterna-
I've is one added after hearings on the
bill II calls for the establishment or
state insurance fund, somewhat on the
line of the system oGtlined III the Mur'
taurh-Jackson bill. The administrator
NIL though. stipulates that this fund ID
10 be administered. but not guaranteed,
by the state.
In it's other details the bill is carefully
worked out. 1t provides that an EN-
uloyer is presumed 10 have accepted the
provisions Of the measure unless he fles
written notice 10 the contrary. thus bring
ing ell save those who positively AMI deli
n,tely refuse 20 accept IL under the COM
pcnsation system. In that case. or II the
Superintendent Of Insurance has refused
10 approve the plan for payment chosen
bv the employer. the employer, in case of
accident may not resort to the customary
Meas OF negligence of a fellow servant,
ccntributory negligence on the part Of
the employe. or that the employe assumed
the risk of employment in holding his job
Each empIoye is presumed also to have
accepted the features of the compensation
plan unless he files with his employer a
written notice of rejection and mails a
COPY 10 the Superintendent Of Insurance
No Aid for Fourteen Days.
For the first fourteen days after an ac-
cident there is TO be no compensation to
the injured worker. but the employer is TO
be liable for reasonable medical and hos
pital services and medicines not exceeding
$50 i'm value. In case OF total disability
the employer must pay for the first 600
weeks so per cent Of the wages received
by the worker at the time of the INJURY,
but this .9ust not be less than 50 week
and may not be more than $40 week
for the remainder Of the life Of the in
iured worker he is to receive 40 per cent
of the wages al the time of the accident,
bot this compensation is TO be not more
than IS nor less than 81 a week. For
partial disability the employer is to pay
the injured worker 80 per cent OF the DIFF
ference between the wages he got at the
time OF the accident and what he Is able
TO earn after he gets back 10 work, but
this compensation is not to be more than
$40 a. week and is not 10 continue for
longer than 900 weeks The bill contains
a schedule OF specific damages to be paid
for specific injuries-loss Of foot, Of hand.
OF arm. Of eye and the like. This scale
is not so liberal as that laid out in tn"
Federation OF Labor's bill. 1t contains
also scale Of death benefits for de.
pendents depending on the number o.
children left fatherless. The Insurance