South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-07-02
WORKMAN s LAW
EXPLAINED; BOARD
To ISSUE BOOKLET
Terms of Act viii be Optional
With Employer and EmplOye
No Compensation For In
jUrieS From Misconduct.

charge the administration OF the
workmen's compensation act. effect
i've Sept /. Will issue a comprehen-
sive booklet OF information TO en-
ployers and employees within the next
10 days This viii answer hundreds
Of inquiries which have come 10 the
board.
Proofs Of the text 10 be published
nave been approved and the booklet
IS now on the presses While casual
labOrers, farm or agricultural labor
ers and domestic servants and their
employers are exempted under the
law, unless they voluntarily request
to be included. it is believed many Of
these will apply to the board for the
protection which the law offers.
Others come under the law auto
matically excepting upon application
being made for exemption and the
petition being allowed. There is not
much likelihood of many exemptions;
at least there are no indications now
that such viii be the case. The board
says in an explanatory paragraph:
Many people have the impression
that the act applies only 10 the en-
plOyers of five or more persons. The
application of the act does not to any
extent depend upon the number OF
wOrkmen. IT applies 20 the employer
of one workman as fully as it does 10
the employer Of 100"
Act Is Optional.
Further the board makes clear:
The act is optional or elective with
both employers and employees. En-
plOyers and employees. by giving the
notice, may reject its provisions The
notice must be given either at the
time Of the employment or at least 80
days prior TO the injury. No affirma-
tive action is required on the part Of
al nj nj in,
der 20 come under the provisions Of
the act. II the absence Of an express
rejection acceptance is presumed"
Important provisions of the law
which will interest and vitality effect
all employers and employees is thus
noted in the official publication:
Every employer who elects not to
operate under the 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
any such suit at law upon any one or
all OF the following grounds: That
the emplOye was negligent; that the
injury was caused b. the negligence
of a fellow employee: that the en-
plOye had assumed the risk of the in
jury"
When the employe elects not to
work under the law he forfeits the
same rights Where both employer
law and its protection the burden is
upon the employer.
COndenscs Laws.
Concerning compensation the board
cOndenses the laws provisions in this
brief form. Compensation is based
alone upon injuries caused by acct
dent and arising out Of and in the
course OF the employment. IT is al
lowed for death only when the death
OF the emplOye is the result of such
injury. 1t is never allowed for dis
ease In any form except as the dis
ease shall result from such an injury.
No compensation shall be allowed
for an injury or death due to the en-
ploye's wilful misconduct, including
Intentional Self-inflicted injury, in
toXication. and wilful failure or re-
fusal 20 use a safety appliance or per-
form duty required by statute. The
rate OF corr pensation is 55 per cent OF
the average weekly wages. The
period Of compensation for partial
disability can not exceed 800 weeks
for total disability 500 weeks; death
not TO exceed 800 weeks to benefci-
aries and burial expenses. the latter
not to exceed 500 The board has
power TO fix compensation.
Average weekly wages are to be
considered not more than $24 nor less
than $40. This makes the maximum
weekly compensation $500. and the
minimum $3.50. The total compen-
sation. in any case, can not exceed
$4,000.
mo compensation is payable for
the first IA days OF disability During
the first so days after the injury of ar
employee. the employer is required tc
furnish. at his own expense a phys
ician and suitable hospital services
and supplies.
Notice Must BE Given.
nf q m =
given In writing 10 the employer. i'm
mediately upon the occurrence Of the
injury or as soon thereafter as Il
practicable. by the injured employ,
or some one I'm his behalf and. il
case OF his death. by one or more o.
his dependents, or by some one il
their behalf
AN employers I'm the state. wheth
or under the compensation provision
OF the act or not. are required To keel
a record OF all injuries 10 their en-
ployes and 20 report in writing 10 tn
industrial board within one week aft
er the occurrence and knOwledg,
thereof every injury 10 an employ,
causing his absence from work TO
more than one day. and 10 make
supplementary report upon the ter
mination of the disability unless il ex
tends beyond 60 days. I'm which event
the supplementary report shall b'
made at the expiration OF the 60 day
period. The penalty for the failur
TO make such reports is $50 in eacl
case
The act requires that the indus tria
board shall prepare. cause 10 b
printed, and. upon request. furnisl
free OF charge TO any employer %
employe such blank forms as may b
deemed requisite 10 facilitate or pro
mote the efficient administration @
the act. and these blanks the boar,
has prepared and is ready To furnish
FIND WOMAN IN TENEMENT
MI L..