The labor journal. [volume] (Everett, Wash.) 1909-1976, 1914-09-18
WORKERS BENEFIT
New York's Compensation Law
a Boon to Labor.
CLAIMS QUICKLY SETTLED.
Under Old Law Cases Would Remain
In Courts For Years-Cost to EN-
pIoyers No Hisher-Measure Needs
Amendment.


Amendment.
With applications on file for over
100000 insurance policies on workmen
in various branches of industry in the
state of New York and with addition
al applications pouring in at the rate
Of 500 a day it would seem that the
workmen's compensation law is des.
tined to be a permanent state statute.
Some insurance companies from
which opposition was anticipated are
helping in a spirit of hearty co-opera-
ton. What hostility has been shown
has come from a class of employers
known as self insurers. The self in
surer carries his own insurance on his
employees.
Since last July /, when the state
workmens compensation law became
effective, the compensation commission
appointed to administer it has held
public hearings daily in its offices in
the Metropolitan tower, New York city
In the first seven weeks commission
ers passed on eleven death claims and
over 600 claims for partial or total dis
ability.
Under the old law most of these
claims would have gone to the courts,
where it was the custom of enterpriS
ing lawyers to hold them until the
claimant got tired of the long and vex
atious delay or died, leaving no rela-
tives who would continue the fight.
No lawyers practice before the COM
mission except those representing the
insurance carriers. There is no room,
the commission holds, for the presence
of the lawyer of the ambulance chasing
variety. The commission takes the
place of the lawyer, helps the injured
workman to bring out all the facts of
his injury and gives him the benefit of
whatever doubt his cause might de-
velop.
The personnel of the commission is
well balanced. The chairman, Robert
E. Bowling, is president Of the City
Investing company and heavy real
estate operator. Commissioner John
Mitchell is the well known labor lead
er. Howard T. Mosher is a college pro-
fessor and author Of works on political
economy. DR.. Thomas Darlington was
formerly health commissioner of New
York city, and J. Mayhem Wainwright
Is a lawyer and former state senator.
The compensation law is the result
of painstaking, conscientious legisla-
ton, buttressed with the experience
that twenty-three other states have
enjoyed, as well as that of Great Brit
ain and some Of the countries Of con-
tinental Europe. 1t is not perfect any
more than any other experiment in leg
islation. 1t needs amendment.
The commission at its daily hearings
is learning from practical association
with employers and employees just
where the act needs fixing most. All
of the information gained will be
framed into essential amendments and
presented to the next session Of the
legislature for incorporation in the law.
Chairman Bowling insists that the
experiences of the law show its SUI
periority and economy over the old
methods.
1.-The purpose of the commission"
said he, lis to decide all claims speed
lily and fairly. The work already ac-
complished shows that there will be a
vast saving in time and money to the
employer as well as to the employee.
The employee now receives an ade-
quate amount without delay and with
out expense. The employer now dis
poses quickly of what were once veX-
atious claims.
ut may be argued that he pays more
1t may be figured that compensation
claim running over a long period of
years amounts to- say, $4,000. while
the most the plaintiff in suit could
have obtained in court was $1,000 or
$4,000. Let it be remembered that the
lump sum paid finally by the defendant
should bear interest for all the time
compensation payments are made and
then add counsel fees and legal costs.
and the benefit of the present method
is apparent at once"
Commissioner Mitchell, who repre-
sents the labor element on the commits
sion, said:
THE law is by far the most humane
and benefcent measure of social legis-
lation that has been enacted in the
state of New York. The full import
and farreaching effect of this law can
not be appreciated at the present time.
"As the victims and the dependents
Of VII nf I'M trio
ceive regularly sufficient compensa-
ton to tide them over the periods of
their disability and distress and per
sonal injury litigation, with its vexa-
tious delays and uncertain results
correspondingly decreased. the people
of the state OF New York will become
more and more convinced of the wis
n