The Butler County press. [volume] (Hamilton, Ohio) 1900-1946, 1914-10-16
EQUITABLE FOR BOTH SIDES.

Insurance Cheaper For Employer, and
Injured Workman's Case Receives
Speedy ideration--D iscrimination
In the Matter of Risks.
In q recent interview in the New
York World John Mitchell, former
president of the United Mine Workers
and now one of the five commissioners
OF New York s workmen's compensa-
tion law, spoke of the working Of the
new measure.
ION the whole" said Mr. Mitchell In
reply TO question. Il think that the
provisions of the law are equitable
alike to the employer and the EN-
ployee, though it is possible that ex
perience may indicate some minor
points in regard to which amendment
might be advisable
I'VE are receiving reports of acci
dents at the rate Of about thousand
day, but Of these cases not more than
about $50 day will develop into claims
for compensation. The vast ma aiority
of these claims are free from contro-
versial elements. might say that
ninety out of Il hundred are disposed of
without argument or opposition and
that two minutes is about the average
time taken up by each claim.
This means that we can deal with
the claims at the rate of more than 200
q day. and you will realize the enor
nous advantage of the commissions
methods of work when you compare
this rate of progress with that achiev
ed by the law courts in handling SINH
lar cases. when three or four judg-
satisfactory record
"Do you find was asked, that
many claims Of fraudulent nature are
brought before you?"
Hardly any" replied Mr.. Mitchell,
without moments hesitation. There
are few instances III which at first
sight 1t looks as though the claimant
was appearing in bad faith, but inves-
tigation almost always discloses the
fact that misunderstanding Of the
law and not deliberate attempt at
fraud Is the true explanation.
at is very gratifying to be able to
say that although at the outset there
was a good deal Of anxiety among EN-
ployers as to the extent of the finan-
cial burden to be imposed upon them
by the compensation law, there is now
a very general realization that the bur
den Is not III itself excessive and that
the law has from the employers
standpoint, some very solid advantages
'In the first place, an employer now
knows just what 1t costs him each year
to protect himself against damage suits
brought by his employees in respect of
accidents. and, In the second place, he
is relieved of the danger of having ex
tremely heavy awards made against
him from time to time.
There has been good deal said
about the right of the employer to pro
tect himself in this matter of work
mems compensation by exercising
great care III selecting his workmen-
by choosing single men rather than
married and by refusing to employ men
not in sound health, and SO on.
"The fact is. however, that where
these arguments are put forward with
sincerity they are based upon ignorance
of the provisions of the law which
deal with its financial operation. 1t is
true that in the comparatively small
number Of cases-ceftainly not one in
fifty-in which an employer lnsures his
own workmen single man IS better
risk than a married one and strong
man than an unhealthy one, but in the
vast majority of instances where the
employer pays premium to the state
insurance fund or to an insurance com
pany these considerations have no
force whatever.
"The premium is not paid at varying
rates for different workmen, but at q
fixed rate covering all classes of risks,
subject only to a merit rating based
upon the conditions prevailing in an in
dustry or upon better or worse condi
tions as between one employer and an
other in any given industry.
I'VE have recently received u report
on our investigation into alleged dis
elimination on the part of some EN-
ployers against married men and work
men suffering from physical defects
This report finally disposes of the point
/ have been discussing by saying that
neither the insurance department IL
fixing the rates nor the inspection
rating board in determining merit rat
ing takes into consideration any condi
tions arising out of the fact of mar
riage physical inspection or the phys
ical condition of the employees.
ut is perfectly clear, therefore, tina
the employer gains nothing by refusing
to employ married men or men phys
ically defective and loses nothing b,
employing them. What he can do t
improve his position under the law !:
to take such steps to guard his work
men against accidents as will resul
In his making a good record in thi
direction and thus enable him to secur
lower premium rates under the meri
rating rules"