Denver labor bulletin., 1915-03-27
Continued from Page One, T,

CONTINUED from Page Ons.)
crate under this act shall not in any
suit at law by an employe to recover
damages for personal injury or death by
accident be permitted to defend and such
suit at law upon any one or all of the
following grounds:
sad That the employe was negli-
gent.
"(b) That the injury was caused by
the negligence of fellow-employe.
"(c) That the employe had assumed
the risk of injury"
Section IL of the law reads:
Every employe who elects not to
operate under this act shall, in any ac-
ton to recover damages for personal
injury or death brought against TN en-
ployer accepting the compensation pro-
visions of this act, proceed at common
law. and the employer may avail himself
of the defense of contributory negligence
of a fellow servant and assumption of
risk. as such defenses exist at common
law"
Section ~ adds:
when both the employer and employe
elect not to operate under this act. the
liability of the employer shall be the
same as though he alone had rejected the
IL
brought against him the employer shah
not be permitted to avail himself of any
of the common law defenses cited in
Section ll.'
The law specifically declares that no
claim for compensation shall be assign
able. and that all compensation and
claims therefor shall be exempt from all
claims of creditors.
Written Notice to BE Given.
There are elaborate provisions for ac-
tion through intermediate or snb-con-
tractors. The law specifically declares
that employers and employees are bound,
whether accident or death occurs in the
state or in some other state or foreign
country.
Obligations are placed on the employe
to give prompt notice of injury. He
shall not be entitled to physician's fee
or to compensation prior to giving such
notice, unless IL can be shown that the
employer had knowledge of the injury
or death, or that there were other good
reasons No compensation shall be pay
able unless written notice is given with
in thirty days after the injury .pr death,
unless reasonable excuse is made to the
satisfaction of the state industrial board
The right to compensation shall be
forever barred unless within Two
years after the injury or death, the
claim for compensation shall be filed
with the industrial board.
During the thirty days after an injury,
the employer is required to furnish, free
OF charge. and the employe to accept,
medical attention and such surgical and
hospital service as may be deemed nee
essary. Refusal of the ernploye to ac-
cept such service bars the employe from
further compensation until such refusal
ceases.
The industrial board may order a
change in the medical OF hospital kervice.
If. for any reason. the employ = fails
to provide the medical attention ply
sicial or surgeon may be called in. His
compensation will be fixed by the In
dustrial board.
No Compensation First "a Days
No compensation shall be allowed for
the first fourteen days, in the case of
injury; other than the medical aud hos
pital attention already started
Where the injury causes total disabil
ity for work. there shall be paid to the
injured employe during such total dis
ability, but not including the first two
wceks, weekly compensation equal to
30 per cent of his average weekly wages
for a period not to exceed 500 weeks.
Where the injury causes partial disab-
ility for work. there shall be paid. but
not including the first two weeks,
weekly compensation equal to IS per
cent Of the difference between his aver
age weekly wages and the weekly wages