United labor bulletin., 1914-12-26
John Mitchell Giues Brief History
Workmen's Compensation LaW
After Being Declared Unconstitutional By Courts Organized
Labor Continued the Fight Success NoW Conceded to
Be the Only Just Method of Protecting Workers
By JOHN MITCHELL
Member New Workmen's Compensation.

However, my purpose in writing this
article is mot so much to argue the
necessity of compensation legislation as
to describe in brief outline the. provisions
OF the New York workmen's compensa-
ton act.
The law now in force in the state OF
New York is not perfect in all respects,
yet it is in many ways the best and
most liberal compensation act adopted
by any American state or European ma
ton. 1t is compulsory upon all en-
ployers and all workmen employed in
those industries covered by it. Approx
imately 100000 wage earners are en-
titled to its benefits. The New York
act has been in operation less than
five months. During that time some
IL. 900 awards have been made, and at
present compensation awards are being
made at the rate of over 200 per day.
How the Law Operates.
The act provides that any person in
flred in the course of his or her en-
ployment shall be entitled to compensa-
tion at the rate of two-thirds of the
average weekly wages received at the
time of the accident. If workman
suffers a ACKNOWLEDGMENT in the course
of his employment, or as a result of
injury while employed, certain specific
benefits are paid. For instance. for the
loss of a thumb two-thirds of the week
ly wages are paid for a period of 60
weeks; for the loss of the index finger
46 weeks compensation is paid, and so
on at a descending rate for each of
the other fingers For the loss OF a,
great toe 3S weeks compensation is
paid; for the loss of any one of the
oil ,ran1-at
paid; for the loss of hand, 240 weeks
for the loss of an arm, 3l2 weeks; for
the loss of foot, POS weeks; for the
loss of leg, 2SS weeks; for the loss of
an eye, l2S weeks, For the loss of both
legs or both eyes compensation is paid
as long as the injured person lives. If
a workman is killed in the course of his
employment his widow receives during
here entire lifetime, or until she re.
marries, compensation at the rate of &c
per cent of the average weekly wages
her husband was earning at the time of
his death, and for each child under IS
years of age 10 per cent of the averag.
weekly wages of the father is paid un.
til such child shall have arrived at the
age of Is years. Provision is also made
for the payment of compensation to de
pendent mothers, fathers, sisters, broth
ers. grandparents.
In addition to the rates of compensa-
tion provided for every injured person
is entitled to receive medical aid and
hospital treatment, and in the case OF
death burial expenses in an amount not
to exceed 500.
Administration of the Law.
The administration of this law is in.
trusted to commission of five. the
members OF which are appointed by the
governor of the state. The law gives
this commission full power to deter.
mine all questions of fact. From the
decision of the commissioners, except
upon questions of law, there is no ap.
peal. In other words, the commission
has full power in the determination OF
all questions except the Interpretation
of the law. The result Is that injured
workmen or their dependent families re-
ceive promptly the compensation pro-
vided for in the law. Employers arc
not permitted to adjust claims or to
make payments without the consent OF
the commission. The consequence is that
the workmen receive in every case the
full amount they are entitled to under
the law.
1t is only necessary to attend one Of
the public hearings of the commission at
which compensation may be awarded to
hundreds of claimants to be convinced
of the benefits of the act and the i'm
portance of securing the adoption OF
like legislation in all the states of the
American Union.