The labor journal. [volume] (Everett, Wash.) 1909-1976, 1914-09-25
JUSTICE FOR ALL.
New York's Compensation Law a
Model of Fairness.
EQUITABLE FOR BOTH SIDES.

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-
ton law, spoke Of the working of the
new measure.
ION the whole" said Mr.. Mitchell in
reply to a question, II 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 acct
day, but of these cases not more than
about $50 day will develop into claims
for compensation The vast majority
of these claims are free from contro-
versial elements. / might say that
ninety out of 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
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-
ments a day would be regarded as
satisfactory record"
do you find" was asked, that
many claims of fraudulent nature are
brought before your
Hardly any" replied Mr.. Mitchell,
without a moments hesitation. There
are a few instances in which at first
sight it looks as though the claimant
was appearing in bad faith, but inves-
! tigation almost always discloses the
fact that Il misunderstanding of the
! law and not a deliberate attempt at
fraud is the true explanation.
ut 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 tinan-
cial burden to be imposed upon them
by the compensation law, there is now
a very general realization that the bur
/ den is not in itself excessive and that
| the law has. from the employers
standpoint. some very solid advantages.
In the first place. an employer now
/ knows lust what il 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 a good deal said
about the right of the employer to pro
tect himself in this matter of work
mems compensation by exercising
great care in selecting his wOrkmen-
by choosing single men rather than
married and by refusing to employ men
not nSound 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-certainly not one in
own workmen a single man is a 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 a
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-
tons as between one employer and an
other in any given industry.
I'VE have recently received a 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 in
fixing the rates nor the inspection
rating board in determining merit rat
ing takes into consideration any condi.
tons arising out of the fact of mar
riage, physical inspection or the phys
ical condition of the employees.
at is perfectly clear, therefore, that
the employer gains nothing by refusing
to employ married men or men phys
ically defective and loses nothing by
employing them. What he can do to
improve his position under the law is
to take such steps to guard his work
men against accidents as will result
in his making good record in this
direction and thus enable him to secure
lower premium rates under the merit
rating rules"