Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1915-12-04
[Continued From First Page.1

laws are of two forms, one requiring
the employer to act and the other
presuming acceptance, If employer
does not reject.
THE presumed acceptance is the
form used in Pennsylvania Under this
form, if an employer takes no action
whatever he Is presumed to have ac-
cepted the compensation act, and the
same presumption extends to his en-
ployes The law declares that all con-
tracts of employment continued a1ter
January first will be presumed to in
Clude, first, an agreement on the part
of the employer that he will accept
the obligation of the compensation
act, waving his constitutional rights,
and second, an agreement on part OF
the employe that he will accept the
compensation, provided by the act,
waving his right to claim damages
under common law procedure. This
agreement on the part of the en-
ploye binds not only himself, but those
who may be dependent upon MN IN
case of a fatal accident. Thls pro-
vision also extends to minor en-
ployes. The act becoming effective
January /, 1915, unless an employer
shall have given notice at any time
before December 81, 1915, he is pre-
sumed to have fully accepted the pro-
visions of the act. III such notlce ls
is bound by the act for sixty days al
Ter such notice has been served. The
same privileges of rejection are given
to employees of an employer 10 nave
accepted under the same condllonS
and requirements. An employe, now
ever. must notify sixty days prior to
the occurrence of an accident, II he
elects not to accept compensation.
"If an employer does reject he be-
comes liable to his employees in the
event of injury and in detendlns
against claim for damages he can
not plead in defense that the INJURY
was occasioned by the negligence OF
a fellow servant, or that the INJURY
was due to the hazard or the EN-
ployment or that the INJURY was que
ia the negligence of the injured per-
son himself the burden of proof rest
ing upon the employer, and the re-
sulting question being one OF TACT TOT
the Jury to determine. There is prac-
ticaily no limit to liability for DAM
ages, and therefore the majority OF
employers will doubtless accept the
provisions of the compensation law,
rather than run the risk of heaVy
Judgment being found because OF the
fact that his defenses are denied hlm-
IF an employer has accepted the law
and one or more of his employees
should notify him of their reJecuon'
the law is not clear as to the opilga-
lion of the employer to such empioye'
lie. of course. would be liable to them
for damages if injury was due TO MS
negligence. and it is the opinion OF
MANY legal minds that it is the intent
nf the law in such cases to allow the
employer all of his common law de-
fenses that are available to him at
this time in personal injury damage
cases. ..,.-
"The act only applies TO injuries
happening in the State OF FehISSlNa
mia. It is not extra-territorial III
covers all accidents sustained IN the
course of employment unless self IN
nicted or caused by a third person,
who intends to injure Tor persona
reasons. Occupational diseases are
"The act does not apply to one
whose employment is casual ana not
I'm the course of the employers pusl-
ness, and also excludes domeSuc ser
wants and agricultural labor.
IThe amount of compensation 10
which employees are entitled is based
upon his average weekly wages anu
i'm the language used, means the money
rate at which the service rendered is
maid for under any contract OF nlrlns
in force at. the time or the acclueIlt'
IT does not include any gratulties re-
ceived from either the employer or
nthers. The schedule is divided into
nonfatal injuries and fatal injuries
No compensation is payable Tor the
first two weeks after the injury bul
the employer is required TO furhlsn
medical and hospital attendance not
TO exceed S25, unless major sursi-
cal operation is necessary in when
e.ase ihe cost shall not exceed SIS. II
tho employer fails to provide atten-
lion. the employe may provide same
at EMPLOYERS cost within these limits.
II employe refuses medical attention
con1pensation is not payable during
the time of such refusal.
For total disability injuries, either
nermanent or temporary, employees
receive so per cent. of average weekly
wages during such period of disaoil-
ity. but not to exceed 500 weeks, pc
Ginning with the fourteenth day after
injury. The maximum amount pay
ahle is $40 and the minimum SO.
Where an employe earns less than
SIS he receives full earnings. The
total amount payable under total dis-
ability claim is $4,000, plus the medl-
cal.
"For partial disability, either per-
manent or temporary, employees are
entitled to fifty per cent. of the ar
ferences between his weekly wages
before and after the injury, not TO
exceed $40 per week, and not lor
more than 800 weeks. For the loss
of hand, 175 weeks, an arm' 10
waeks. a foot, $50 weeks, a leg, 215
weeks, an eye, l25 weeks. The loss
of both hands or both feet, both arms,
both legs, or both eyes constitutes
permanent total disability, taking
maximum payment of not more than
SI0 per week for 500 weeks, limited
at $4,000 in the aggregate. To con-
stitute the loss of member amputa-
tion is not necessary, if there is
permanent loss of use.
'For fatal injuries indemnity is pro-
vided by paying a certain percentage
of wages with a maximum of $40
per week and a minimum of $40. For
one of two children, with no widow
or widower, % per cent, for each ad-
ditional child, 10 per cent. with a
maximum Of 60 per cent. for all
children. For widow or widower and
no children, 40 per cent, with one