Omaha daily bee., 1914-11-21
Nebraska
WORKMEN'S ACT ANGLYZED
Commissioner Brian Makes Abstract
Of Compensation Law Provisions.
BENEFITS FOR SPECIFIC HURTS
All Employers OF Five or More Per
sons, with Certain Exceptions,
Come within Application
of the Law.
cFrom a Staff Correspondent


CFrom a Staff Correspondent
LINCOLN. Nov. @.-(Special. Estate
Insurance Commissioner l.. G. Brian has
prepared e brief statement of the con-
tents of the workmans compensation
law in simplified form, so that when the
law goes into effect ten days after the
official canvass by the board. the public
may have some conception OF what 1t
means. Mr.. Brian's statement is as fol-
lows:
THE workman's compensation law,
passed in the 1918 legislature, having been
suspended from operation owing to
referendum petition being filed with tho
secretary OF state. asking that the law
be referred to the voters at the general
election in November, 1914, and as the UNI
official tabulation evidences the adoption
of said law. l believe 1t of interest to
the public TO give a digest OF the most
important features OF the act
The law will be in force and effect
within ten days from the ed day of
November. at which time the vote is Of
ficially canvassed by the state election
board.
THE law will apply TO every employer
in this state employing five or more en-
ployes, except those employing household
domestic servants, farm laborers and
railroad companies doing interstate COM
merce, who nre subject to congress and
not within the provisions OF this law.
Part 1 is so framed as to penalyze
both the employer and the employee IL
they do not elect to come within the
provisions of Part IL.
Application of Law.
part II-Tvery employer (other than
those exempted automatically comes
within the provisions of the workman
compensation law and will be governed
by its provisions unless the employer
posts. and thereafter keeps posted. in
conspicuous place or places where his
worlmen are employed, a written or
printed notice of his election not to be
bound by Part II, and he must file
duplicate of such posted notice with the
insurance commissioner, and unless every
employe gives a written or printed notice
to his employer of his refusal to be bound
by Part II and files duplicate proof
Of the service of such notice with the in
surance commissioner, he will automatic
ally come within the provisions OF the
law. and be governed by its provisions.
IF an employer has given notice not to
accept the provisions OF part II he may
later waive such notice by posting in a
conspicuous place a written or printed
notice of withdrawal and file a dupl' cate
notice with the insurance commissioner.
IF an employee has given notice not to
accept the provisions of part II, he may
later waive such notice by a notice in
writing directed to the employer and
serve same upon his employer or his
agent and file a duplicate with the in
surance commissioner The waiver will
not be effective until noon of the fifth
day after filing the required notice with
the insurance commissioner.
Contractors and subcOntractors.
THE owner Is not responsible where a
contract Is let TO a contractor or q con-
tractor is not responsible where a con-
tract is let to a subcontractor IL all done
in good faith, provided the owner re-
quires the contractor to procure a policy
according TO this act. No compensation
will be allowed for the first fourteen days
after disability begins unless such dis
ability continues for eight weeks or
longer. During the first twenty-one days
after the disability begins the employer
is liable for a reasonable medical and
hospital service not to exceed 500.
For the first 800 weeks-5O per centum
OF the wages received at the time of in
jury. and the maximum amount received
shall not exceed $40. and the minimum
amount received shall not be less than IS
per week. Provided, that after the first
800 weeks Of total permanent disability
the employe shall receive 40 per ceutum
Of the wages received at the time of ac-
rfdanf hIf than &c
or less than 81 per week.
Benefits for Specific Injury.
''Shall be 80 per centum OF the wages
received at the time OF the injury for
the periods as follows:
For the loss Of hand, payments for 175
weeks.
For the loss OF arm. payments for 215
weeks.
For loss of foot, payments for $50
weeks.
For the loss of leg. payments for 2i5
weeks.
For loss of eye payments for 125 weeks.
For the loss of two or more of such
members not constituting total perma-
I,eDt disability q, shall be the aggregate
For the loss OF both hands, arms, feet,
legs or eyes the same benefits will be
paid as for the total permanent disability.
Death Benefits.
'In case Of injuries resulting in death
the dependent snail receive % per centum
of the wages received for a period Of $50
weeks. and for an amount of not more
that $40 or less than s. per week, and in
addition, burial and sick expenses not
TO exceed 800.
IF the employe is injured by reason of
wilful negligence or by reason of being
intoxicated no benefits will be paid.
IF the employe is employed by two or
more employers. the benefits will be pay
able in proportion TO the wages paid by
each employer, unless a contract is made
between themselves OF the burden OF the
compensation TO be paid.
mo other insurance held by an en-
ploye will detract from the compensation
under this act.
mo agreement by an employee TO waive
his rights will be valid.