Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-12-04

the new Workmen's Compensation Act.
One Of the best authorities on this
new law in Maine is Hon. Scott Will
son Of Portland, former attorney-gen-
eral Of the State Mr.. Wilson discuss
ed the new law before the Rotary Club
at it's last meeting, and Thursday he
gave the Express-Advertiser an inter-
view. explaining this very important
act. Mr. Wilson said: The great
change brought about by Workmens
Compensation Acts in the legal rela-
tions between the employee and his
employer is that in case of injuries the
right of the employee to compensation
is no longer based on the fault Of the
employer. as formerly. but the en-
lloyee is entitled to his compensation
Notwithstanding his employer has used
every precaution and safeguard to pro-
tect him. and even though he, the en-
ployee, is alone at fault. or even
though the injury be due to the fault
OF a fellow servant or a stranger, if
the accident arises out of his en-
ployment.
Socially it shifts the burden of the
care of the injured employee, or mis-
dependents in case of death ensuing
from the injury. from society at large
through some form of charity, as so
often happens where permanent or
even partial incapacity results and no
right OF recovery exists, as has been
found the case in SO per cent of the
accidents which occur, to the industry
in which it occurs. the expense of in
surance under these laws being
charged up to the increased cost of
production in that particular industry
The law is not compulsory; the en-
ployer has his choice of accepting the
law or assuming liability for injuries
20 his employees when he is at fault.
without his present defenSes Of con-
tributory negligence, negligence of a
fellow servant, or the assumption of
risk. An employer who does not have
over five regular employees in mis- en-
ploy does not lose these defenses if he
does not accept the law. He may,
however, accept the law, if he 50 de-
SireS.
If he accepts the law. he is obliged
To take out insurance to protect the
workman, or satisfy the Insurance
Commissioner that he is personally re-
sponsiple. and deposit bond or Sc
curiues to guarantee his responsibility.
When an accident occurs. the employ
er notifies the Insurance Company and
also the Labor Commissioner. filing in
his office statement of the average
weekly wage of the injured employee
If the incapacity continues more than
two weeks, the Insurance Company
and the workman agree on the average
weekly wage and file that agreement
in the Office of the Industrial Accident
Commission at Augusta. If the Labor
Commissioner finds the agreement in ac-
cordance with the provisions of the
law. he approves it and it becomes
This is to prevent ADVANTAGE
being taken of the workmen by the
Insurance Company or the employer
Ordinarily no dispute arises over this
feature. there being no opportunity for
1t. the method of arriving at the aver
age weekly wage being fixed by the
statute.
Then so long as the incapacity con- |
tlnues. the Insurance Company pays
e-half the average weekly wage. UNI |
less it amounts to over $40 or should |
be under four dollars. in which case it |
pays the maximum or minimum
amount. When the incapacity ceases
4 final payment is made. an agreement
to that effect is made and this is filed !.
in the office of the Industrial Commits /!
sion and when approved the case is |
closed. /,
In case the inca pacity does not last
more than two weeks. no compensa-
hon Is paid except for medical serv- /
ices up to $50, unless more is allowed i
in case of q major surgical operation !,
being necessary.
If dispute should arise on anv of /
the questions as to amount of weekly !
wage, limit of incapacity or whether !
the workman was a casual employee |
or the injury arose out of his employ
ment. a statement of the facts is fill |
ad with the State Industrial Commits !
SION, is then referred to chairman of |
the board. who hears the evidence and |
determines the fact and the law. |
From his decision on the facts there
is no appeal, but from his decision on |
poiiieS VI Id" dH appeal may be made |
to the courts. 1t has been found from
experience in other states that in over
70 per cent. of the cases there were no
disputed points, and they were adj
Iusted according to the regular course
outlined above
1t has been currently reported that a
workman injured on his way to and
rom his work is entitled to compensa.
ion AS a general rule this is not true.
The courts have frequently held that
IN injury received while on the wav
% work did not arise out Of the en-
oloyment. Injuries received on the
premises, however, after the employee
las reached them ready for work, but
before he had commenced, may be
within the law. If an employee while
1t work left his work, and contrary to
orders, or for some purposes not con-
iected with his employment, went to
some other part part of the building
'r premises and was there injured, he
would not be entitled to compensation,
Is 1t would not arise out Of his en-
'loyment. The injury, to entitle the
workman to compensation, must in
ome casual way be connected with his
as the statute says, must
arise out of the employment"
Domestic servants, persons engaged
n agriculture, the haulinp cuttipo |