The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-12
STATE ASKED TO PAY
WORKMEN'S CLAIMS
Board Of Trade Urges Amend
ments to the Compcn.
sation Act.
FAVORS TAN FOR PJEpo>r
state to Intervene. settle dam.
ages and Sue Employer
IL Necessary.

The directors az the New S.. b.
Of Trade and Transportation t,......,.
unanimously adopted report .f 81,
executive committee. presented hy .. T.
Cole, urging the necessity of amerdIrs. a..
workngmen's compensation art r,...l
by the Legislature last Decemb,
The proposed amendments follow
!. To remove the Discrimination b..
tween employees engaged in ha1aidou,
and other classes of employment
9. To make safety the first coi..!d,-,.
ton.
2. To require the adoption of every
practicable measure Of accident proven.
ton.
4. To hold negligent employers 70
sponsiblc TO the State IN the amount O,
damages awarded for accidents and r.
penalties
). To absolve from legal liability ever,
employer who adopts measures of safety
required by law and who IS uthorw.,.
without fault
.. To provide that when the cmplcy.,
is at fault the state shall sspume The
responsibility Of collecting tho damages
and pay TO the injured or his dependents
tho award, whether the employer 4, adj.
to reimburse the state or not
7. To provide that tho State shall pay
all other compensation.
4. To provide that the money rcces.
sary to meet the obligations the sat,
would thus assume shall be raised Iy
small general tax upon all property OF n,
state subject to taxation.
In all cases where there has rot been
compliance with the standards OF safety
measure, to be fixed by mandatory pr.
visions of law. the report said "Wheth,
he insures or not, the employer should
he held liable In such sultab" penalty
as the Legislature may provide. and
he should not be permitted to insure
against the penalty for failure to pro-
vide safety or In any way to ,yIIo ,hr
responsibility to provide the measure -
safety that the circumstances require
estate should Intervene"
In all such cases Tho state s1"ud
Intervene to protect the Victim ana 70.
li.ve him and his dependents from the
necessity of bringing action t" I"'ov"~
damages. The state authorities should
IN such cases award TO the victim cor -
dependents the suitable CompenS alton 'il
pay IT from the state fusd without
gard To the ability of the employee {" 'e'
inburso tn, state. and thr -tL'p .1.t
proceed to collect the amount of the o"'i
with costs from the negligent cuI.H''..
and should prosecute 70 inilic' tn p"'t"
for neglect.
9TH" foregoing may he regard q
harsh and mtrcil.ss, but IL = m"tiE "i'
to a mcrcilcss and avuricious MA A.
sam" measure of mercy he elects e. show
others. Tn" morciful human ,wH'.
would suffer no harm
Tho Committ". took In" ground " 20"
report that "A rigid STANDARD "i '''.t'
for tn. employer mus. be- adopted n o."
ploy.rs shall hope to establish Tor 'N
selves the right to exemption from o..
whole burden Of compensation nov .'0
posed upon them 10y law.
ITO propose that the state shall l'"
the cost OF compensation" thu r',o-'
continued. land that the employee ''
Is, industry and commerce, shall t' 20.
lieNed from the burden, must u,Cessa"'.
involve the imposition upon IN" employ.
of the full performance Of his duty To 90"
state and to humanity in providing SIC,
measures as will place him ab"v' it.''
as precedent to his own exemption from
liability
Having provided for the prevention -
accidents 10 such extent as may 10 pc.
tcihle and as required Icy standard NN"f
10y law, the employer should be ths'.'.
from all obligations to provide Cowr''s'-
ton for those injured or for IN. dipped
ents OF those killed by accidents.
This policy is not urged from sr, rI"
sidoratIon for the employer l,'hu-r
upon him the burden under tie ,>..'.--
law will he very great. II is urged 'r'7
broader and higher grounds ~ rHH.'
policy and eypediency."