The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1915-06-19
woRKMENs COMPENSATION
Massachusetts Explains Features Of
New Law.

Colburn of Boston on the workmen's
compensation law, which was OF time
ly interest because of the fact that
Vermont's new statute on the subject
becomes effective July l.
Mr.. Colburn in his remarks on
the workmen's compensation law was
unusually interesting because of the
fact that he is thoroughly acquainted
with the law as it has been worked
out in Massachusetts. He quoted
from several sections of the Vermont
law and explained just what they
meant in plain English, and how
similar provisions had been inter-
preted in Massachusetts,. He said
workmen's compensation was moth
ing new in the old world but in this
country it had been part of the law
of one State or another since 1911.
Up to December of 1914 no less than
"a States had workmen's compensa-
ton acts. He described how under
the old condition of things the en-
ployer was supposed in theory to pro
vide safe place and safe tools for
his employees to work with and how
when one of them was injured the
employer had three defenses in a suit
brought against him by the injured
workman. They were that the en-
ploye had been negligent in the per-
formance of his, duties and had CON
trlbuted to his own injuries, or that
a fellow workman was similarly neg
ligent or that the employee knew of
the risk he assumed when he took
employment Under workmen's
compensation act the employer is de
priyed of these delenses i'm a suit at
law. Experience has shown that a
compulsory law is more desirable
than law in which he has the right
to elect to come under its provisions,
but it has been found where the laws
have worked out in the various
States that the new statute has FIRE.
quently collided with the constitu.
ton. 1t has been found out, too, that
the system of weekly compensation
by the employer to the injured en-
ploye is better than the payment OF
stated sum. Reading the Vermont
law as to the liability of employers,
Mr. Colburn said that the employer
who had elected to come under the
law was responsible for the people
who were injured in his employ, with
certain exceptions. lie is liable in
certain cases where he is the CON
tractor to do a large job and people
are injured who are in the employ of
the sub-contractor. He cited an in
stance of lumber contractor who
buys lumber on the stump and lets
the cutting out to another man, the
first named being liable for the in
jury of men employed by the latter.
Casual employees are not included or
domestic servants, and no employee
who receives in excess of $500 a
year in salary. The Vermont law al
so provides that employers of ten
people or less shall not come under
the law unless they so elect. This
was done, Mr.. Colburn said, to catch
the farmer vote as it would not make
him liable for the injuries of his farm
hands. A great many employers in
the class named. however. will elect
to come under the compensation law.
In Vermont all employers and EN-
ployes, with the exception above be-
fore noted, come automatically under
the law July / unless they elect to
the contrary. 1t is not probable that
many employers or employees Will fail
to take advantage Of the law. In the
case of the employees it will require
formal notices to the proper officials,
something they will probably not
wish to take the trouble to comply
with, and on the other hand they will
probably consider the new system OF
compensation better than the old IL
ability law. The speaker then defin-
ed the scale of wages to be provided
by the employer to his injured work
men. The sum of $500 is the maxi
mum death benefit and the total
weekly compensation for permanent
disability shall not be for more than
200 weeks, the State board which has
the adjudication of compensations
having the power to extend their fifty
two weeks longer in it's discretion.
The maximum amount to be paid,
however, shall not exceed $4,000.
The old liability policy of the in
surance company as issued in acct
dent insurance, now becomes virtual
ly a personal accident policy. The
insurance companies which issue
them have no dread and that is the
fear of a large amount that may have
to be paid in case of a disaster. This
same fear influences the employer
toward insuring his employees in the
regular insurance companies who do
this kind of business as it releases
him from personal risk. Competition
among the insurance companies for
the business also means reductions
in rates. Mr.. Colburn thought that
the system of the insurance compan-
les writing the compensation insur-
ance was better than the State fund
idea. He said that in Massachus.
etts there were four mutual com
panies and twenty-one stock compan-
les writing compensation policies,
and over them is a State insurance