The Leon reporter. (Leon, Iowa) 1887-1930, 1914-06-04
Outline Of New Compensation Law.

Outline of New Compensation Law.
This law fixes the compensation to
be paid when employees sustain in
jury or death in the line of duty, and
provides for the appointment of a
commissioner to administer the act,
which takes full effect on July LIST,
1914. The system provided for is
elective, both employer and employee
being given the right to decide
whether to come under the compen-
sation features of the act or to have
such claims as may arise out of in
Juries sustained by employees adjudi-
Gated in the courts of law. But it
is conclusively presumed that both
parties elect to adopt the compensa-
ton features of the act unless they
show contrary intention by affirma-
tive action. But when the compensa-
ton plan is elected, that is the ex-
elusive remedy. If the employer
elects not to pay compensation, his
usual common law defenses are alb
rogated and negligence on his part
is presumed in every case.
The act applies to all employers,
including the state and it's munich
palities, and to all,employments, ex-
cept household and domestic service,
farm labor and casual employments,
and clerical employments and official
positions.
In general compensation is COM
puted on the basis of the annual
earnings which the injured person
earnings during the year next preced-
ing the injury, and which if not 9TH
of inc oh ho r..
ed as three hundred times the daily
average earnings. Compensation is
paid, in general, on a fifty per cent
minimum of IS weekly subject to
The act provides that every en-
rloyer subject to its provisions, must
insure his liability hereunder in
some corporation, association or or
ganization approved by the state in
surance department, except that upon
proof of his own financial RESPONSE
bility, he may be allowed to carry his
own risks. The act further pre-
scribes certain provisions which must
be contained in all such insurance
policies.
System Provided For.
Compensation elective, but compul-
sorry as to state, counties, municipal
corporations, school districts, and
cities under special charter or COM
mission form of government (Sec.D :.
System administered by Iowa Indus
trial Commissioner (Sec. % ct seq :.
Employer must keep record and make
report of all accidents within forty
eight hours (Sec. 80.
Industries Covered.
Any person, firm, association or
corporation, including state, counties,
municipal corporations, cities under
special charter and under commission
form of government and school dis
tricts (Sec. 10. Does not cover house
hold and domestic service, farm lab
or, casual employments (Sec. -.
Injuries Covered.
Arising out of and in course of
employment, (Sec u, except when
caused by wilful negligence or due to
1ntoxication (Sec. p.
How Election is Made by Employer.
Assent of employer to compensa-
ton features of the act is conclusive
ly presumed in the absence of writ
ten notice to the contrary posted and
filed with the commissioners (Sec.D /.
How Election is Made by EmplOye.
Employe is conclusively presumed
to have elected to accept compensa-
ton under the act in the absence of
written notice to the contrary, served
on employer and filed with commits
sioner (Sec. p.
Defenses Abrogated if Employer Does
Not Elect.
"a Assumed risk, CD fellow SER
vice, 90 contributory negligence, ex-
cept wilful negligence and intOxica-
ton (Sec y.
Suit for Damages.
Only where employer or emplOye
elects to reject the terms of the act.
II employer alone rejects the act, the
customary common law defenses are
abrogated If the employe alone re-
jects the act such defenses are avail
able, but where the injury is due to
the employers failure to furnish or
maintain any safety device, ETC., re-
quired by statute or regulation, etc.,
defense of assumed risk is not avail
able, even though the employer had
accepted the provisions of the act,
(Sec. 81. If both employe and en-
pfoyer elect to reject the terms of the
act, the liability of the employer shall
be the same as though the employe
had not. rejected the terms of the
act (Sec. 81.
Special Contracts.
No contract rule or device shall
operate to relieve the employer from
any liability except as provided in the
act (Sec. 3D.
Any contract of employment, relief
or insurance, whereby the employe is
required to contribute any premiums
for insurance against compensation
shall be void (Sec. 49,.
Insurance.
Every employer subject to the act
must within thirty days after the
act goes into effect, insure his liabil-
ity hereunder in some corporation,
association or organization approved
By the state insurance department
(Sec. 42). Subject to the approval Of
the commissioner any employer or
group Of employers man enter into
an agreement with his or their work
men to provide scheme OF compen-
satiOn benefit, or insurance in lieu of