The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1915-08-28
Employers Liability Act from the View
Point of Lawyer.
Colfax. La. Aupust % 1a,6


Act 20 of 1914, for an injury causin
death, persons wholly dependent on tn
oecendent are entitled to a sum not
exceed one-half of the average week.
, wage OF the deceased employee, pro
vided that in no case shall such paw
ment exceed ten dollars per week no
be less than three dollars per we elk
and for period of three hnndre
weeks. The average weekly wage i
ascertained by dividing the annua
earnings OF the deceased employee b,
fifty-two.
The 9th paragraph of the-8th section
OF said act provides that the amour
thus made payable periodically may b.
committed to lump sum at any time
by an agreement of the parties.
In other words, by leaving the mat.
Ter OF lump sum payment to an agree.
ment Of the parties, it is left as a mat
ter of fact in its practical effect and in
the actual operation of the law, to the
sole will of the employer Tor rather to
that OF the insurance company which
stands behind the employer.) Some
times the insurance company may con-
sent to to lump sum payment, but, in
giving that consent, in view of the
fact the law allows three hundred
weeks over which to extend payment
OF the sum due, dependents are COM
PEELED to concede whatever reduction
of such total sum the insurance COM
pany may demand in order to obtain a
cash settlement in lump sum.
In my experience have not met with
any dependent who was allured by ..the
heightened sweetness long drawn out"
OF these Jiblet payments extending over
period of three hundred weeks. nor
have l met with any insurance company
either willing to pay or offering to paw
the total sum due in cash. And espec-
tally is this so in the case of the claim
OF widow, for by remarriage she for
felts whatever may be still due, and
the insurance company waits and hopes |
that she may marry again.
Let as take the case of widow and
one child for illustration of the opera
ton of this law. We find that the
widow and one child are entitled to re-
ceive 40% of the average weekly wage
OF the deceased husband. If he earn
ed ten dollars per week. they would get
four dollars; if he earned fifteen dollars
per week, they would get six dollars.
-Four dollars per week for three hun
dred weeks would amount to twelve
hundred dollars, and six dollars would
amount to eighteen hundred dollars.
How much better for the widow and
child would it be if the law allowed
them to collect this sum in cash upon
the death of the husband? The paw
ments as they are now permitted un-
der the law will barely sustain life. ,
Imagine, if you can, widow support
ing herself and child on four dollars ,
week, sixteen dollars per month, with
the present high prices of food-or even {
If the prices were lower? Supposinp
that she has no home, as is generally :
true, and it being necessary that she
and the child have shelter, she must :
either board or rent. If she rents
home, she will find that the payment of I
the rent will almost exhaust her four a
dollars per week. and nothing will be q
eft for food and clothing. If, on the !
'ther hand, beholding the impossibility
If supporting life by renting, she turns q
% find board and lodging for herself v
md child. she would hardly be able to o
'uy board and lodging for herself and O
hid, or at best no more than that, q
With the magnificent allowance of four
dollars perweek.
Ii, however. even the meagre sum v
low allowed by the law had to be paid n
q cash upon the death of the husband, f,
ne would be enabled, in the country,
0 buy modest, small farm, on which
he could possibly earn Lying for her 20
elf and child. At least her fate would II
e much better. et
Attention is called to this matter be- 81
ause of the great injustice which this n,
NV now compels the poor to suffer. n
he compensation should be increased
, rs to award something like an equiva- y
mt to widows and children for the loss bl
hey have sustained in the death of the o,
,ther and husband. And that COM
ensation should be paid at once and in
ash within a fixed period after the
cath, under a penalty of ten or fif-
ZEN per cent for failure to pay within an
,ch fixed time. du