Norwich bulletin., 1913-11-29

l contract can prevent the application of 1 the compensation features of the act
 and can leave the rights of the parties ] as they now are and subject to be ad- i justed in an ordinary common law suit,
 with this important exception: If the 1 rejection of the compensation features l Of the act is by the employer the eom mon law defenses above referred to i (contributory negligence, fellow ser- want and assumed risk9 are taken away from him. If, however, the rejection i is by the employe, those common law i defenses remain in full force.
 1 Part (the Compensation Feature).
 A careful study of the main features .of part is recommended. They are | substantially as follows:
 | (a) The employer is to furnish the | injured employe, at his pwn expense,
 the necessary medical and surgical at tention, including hospital service, for
 a period of 30 days after the injury. 1 This is in addition to the weekly com pensatfon. (Part B. Sec, 7.)
 | (b) In case of fatal injuries, the l compensation may be one-half of the
 average weekly wage of the employe at the time of the accident, payable for
 8 period of 3d2 weeks after death, and, l in addition, $100 for burial expenses; but in no case shall such compensation be more than SIG or less than $5 8
 week. Therefore, in the ordinary case where persons are left who were to- tally dependent upon the employe, the maximum and minimum costs to the employer in cases of fatal injury are $3,220 and $1.669. respectively, plus the 1 cost of medical, surgical and hospital | service for 30 days. (Part B, See. 9.) Co In case the employe Is totally tncapacitated to perform work of any character his weekly compensation during incapacity Is one-half of his average weekly earnings at the time he was injured; but in no case shall the
 compensation continue for more than
 529 weeks, nor shall it be more than $f0 or less than $5 a week. The maxi
 mum cost, therefore, to the employer in
 any case of total incapacity is $5,200, plus medical surgical and hospital ser vice for 30 days.
 There are six specified injuries which, by the express terms of the act, consti- tute total incapacity, irrespective of the earning power of the injured parey af- ter the accident. (Part B. See, 11.)
 These injuries are as follows;
 Injury. Weeks. CD Total and permanent loss of
 sight in both eyes .......... 52o CD The loss of both feet at or above the ankle ............ 520 (3) The loss of both hands at or above the wrist .......... 520 (D The loss of one foot at or above
 the akle and one hand at or above the wrist ......., 520
  nent and complete paralysis of the legs or arms or of one 1eg and one arm .....-.... 520 (6) Any injury resulting in incura- ble imbecility or insanity 520
 Fatal Injuries.
 (d) Tn case the injury results only in partial incapacity, the compensa- tion, which cannot exceed $10 per week, and cannot extend beyond 312 weeks, II <1s l1 tween what the workman was earning
 on the average before the accident and what he is able to earn after 1t. For
 example, if his average weekly wage
 before the accident was $15. and he is
 able to earn $10 8 week after his in jury, his compensation will be $2.50 week.
 There are certain specific injuries (Part B, Sec 12) for which one-half the average weekly wage must be paid for an arbitrary number of weeks, re- gardless of the earning capacity of the injured party after the accident.
 (e) No weekly compensation is pay able for any injury that does not in- capacitate the workman for two weeks; and if he is -4fcapacitated for longer than that period, compensation begins on the 18th day after the injury. | (Part B. Sec S.)
 (f) Injuries due to wilfuI and seri- ous misconduct or intoxication are ex- cluded from compensation.
 The Insurance of Liability for Claims.
 The adequate insurance of claims is matter of primary importance. Pro- vision for this is made in Section 30
 of part B, and elsewhere. There are four ways in which this may be done:
 1. The employer may insure his own liability, nj which event he must furn- ish to the compensation commissioner satisfactory evidence of his financial ability to meet claims under the act.
 2 Or, the employer may file with the insurance commmissiOner, in form acceptable to him, security guarantee ing the performance of the obliga- tions of the act.
 3. Or, he may insure his liability in any mutual or stock company author ized my the insurance commissioner to do business in the state under the terms of the act.
 4. Or, with the approval of the in- surance commissioner, he may estab- fish some form of agreement with his employees.
 The fourth method outlined above, authorized by section 29 of Part B of the act, is substantially that in use by some of the larger corporations of the state. Insurance plans of this kind must met the approval of the insur- ance commissioners, and cali for a con tribution from the employer at least equal to that which he would be oblig- ed to make by direct payments in ac- cordance with the terms of the act.
 The second method calls for the fil- ing of a bond with proper surety or se- curlty in some equivalent form, guar anteeing the performance of the em- ployer's obligations under the act, such bond or other security to be approved by the insurance commissioner.
 The third method is the familiar sys tme of liability insurance. If the policy is in company or association author ized to do business in the state and if liability under the act, no further in vestigation will, in general, be requir- ed (and this method will probably be found the simplest way of complying with the requirements of the act).
 The first method by which the em- ployer insures himself, calls for the presentation of proof of solvency and financial ability to the compension commissioner The scope of the proot must depend to some extent upon the surrounding the individ- ual case. It may involve an audit of books at the expense of the employer, and the production of such other evil dence as may be required to sttosfy the commissioner that the employer will be able to respond to his obligations, and is of such solvency that he will continue of this ability over such peri cd of time as the weekly compensation may continue payable. As an aid to this investigation the commissioner will where practicable receive at the ex- pense of the employer reports of rec OgniZed commercial agencies, together with any other evidence that bears up-