The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-06-18
COMPENSATION LAW
SOON EFFECTIVE
All Employers Must Take Out
Insurance For Protection
or LaborerS
Drastic Law Goes Into Effect In
Two WeekS-PIanters
Take Notice

The Home lnsuranr" Company has
,sSnCd in pamphlet form IA resume Of
ItEe now workmcn'Y compensation act
! which becomes law July |, 1918. This
law aHccts every employer of labor in
laval.
Heretofore the TcrritO~ial laws held
the employer IiaiIC to the cmplove
under the negligence svstem'' Of
liability, and also gave HIM certain de-
lenses that enabled him to deny IiahI
ity when 1t could be shown that the in
jury to the employe was not due to any
negligence on tho part of the employer.
The new Compensation Law, (Act
22D, creates what is generally known
as "Workmen 3 Compensation IHur-
Rancu,' which means that the employer
! hall pay compensation for ever
accident. excepting only when caused
r." the employees willful intention or
his or his intOXication. The law will
be administered by an Industrial Accl-
dent Board. composed Of five members,
appointed by the Governor.
1t is mandatory for the employer to
carry compensation insurance (Scr
Section 49,. ANY employer failing to
secure compensation renders himself
liable 10 heavy daily penalties and,
after thirty days, he may be cniOinPd
from carrying on his business.
Employers Subject To Compensation
Law
! All employers Of labor, even where
the work is to be performed outside of
the Territory, excepting those engaged
in interstate or foreign commerce.
No contract rule, regulation or dcvi, Q
Whatsoever shall relieve the EMPLOYER
in whole or in part from any liability
| created by this Act.
For non fatal accident the habilitv
is to the injured. employe; for fatal
accidents to the deceased emplOyc = dc
pendent or dependents. Any person
member of the family of the dc
ceased empIoye who is dependent upon
such employee for support, is consider cd
bv the Act to be a dependent. A
surviving wife, or surviving husband
'n"Hlml IC of supp"rting himself, or the
child or graudrhiid, or the parents OF
grandparents, or the brothers or sisters
Of rnrh deceased employee arc depend
cnts
The term "chilH,'' as used in tn
/ Act. includes step.childrCn, adOpte,
children, posthumous children and il
legitimate children acknowledge priOl
to the injury. Dependents may b,
either Inrtal or total, the former be
ing those only partially dependent up
ON the deceased for suppo t, and thu
latter those entirely dependent on th'
, a ungs f the deceascd-it being pre-
sumrd, however, that the following arr
inrluLrI among those entirely depend
/ Cnt:
The widow. Any children under
HINtrrn wears of aye. A widOwer
rarrmt or grand parent if iHrapable Of
SELF support.
\ 9ranirhiId, brother or sister under
81 >trCu Years of age who were in an,
tCgrcc dependent upon the deceased a
NE time Of the injury.
What Employer Is Liable for
The employer is liable for any acct
dent happening to an employee whil'
! the latter is performing services aris
ing out Of and in the course of hi,
employment. This includes injuries
which may be received in times o
social stress such as strikes, etc.
! The chief factors to be considered
A mdcr this heading are:
\ Average M"e"'y Way r"' "o" py '"'
'mP'oN'' inc "e'NH "es III Wages
mat ~ '"' l'I'oe"U%so VI tuo ,aNet.,,as'
i NV 80 uH ;n,moSrrncnt of Ia e;,sniE,
'a,,.,,i,, ami Tho nst,Irf hTd anratin,
| e tn, j., inry tho rcsult of which in
1 ;,,,.,' ,,,.,, t,to arH. nnc NJ five noss;hI,
cnr,,,,.
Tn,,,,,rorv Mr. Tournament m ~tiar dis
l,iEfv. tempo,ory ar nermancnt tota
i;.ihn}t, and do.tb Tbore IL M con,
/ ,,',r..',i,,,, r,r ito first two wccks n,
\ rs,I NV
por.ial RI qrritv P"
pu.iny the period Of disability fit,