The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1916-03-02
Names Workmen's Compensation Act

One of the most important pieces of
legislation that has been passed by a
Maine Legislature in recent years,
went into effect Jan. /. This is 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 one of its meetings re-
Gently he gave the Ex.-Advertiser
an interview, explaining this very i'm
portant act. Mr.. Wilson said: This
great change brought about by Work
mems Compensation Acts in the legal
relations between the employee and
his employer is that In case of in
juries the right of the employee to
compensation is no longer based on
the fault of the employer. as former
ly, but the employee is entitled to his
compensation Notwithstanding his
employer has used every precaution
and safeguard to protect him, and
even though he, the employee, is
alone at fault, or even though the in
jury be due to the fault of fellow
servant or a stranger, if the accident
arises out of his employment,
Socially it shifts the burden OF the
care of the injured employee, or his
dependents in case of death ensuing
from 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 80 per cent of the
accidents which occur, to the indus
try in which it occurs, the expense OF
insurance under these laws being
charged up to the increased cost or
production in that particular indus
try.
THE law is not compulsory; the
employer has his choice of accepting
the law or assuming liability for in
juries to his employees when he is at
fault, without his present defenses OF
contributory negligence, negligence
of a fellow servant, or the assumption
of risk. An employer who does not
have over five regular employees in
his employ does not lose these de-
lenses if he does not accept the law.
he SO desires.
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
responsible. and deposit a bond or
securities to guarantee his response
bility. When an accident occurs, the
employer notifies the Insurance Com
pany and also the Labor Commission
err, filing in his office a statement of
the average weekly wage of the in
jured 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 Commits
sion at Augusta. If the Labor Com
mission finds the agreement in ac-
cordance with the provisions of the
law, he approves it and it becomes
binding. This is to prevent advan-
tage being taken of the workmen by
the Insurance Company or the en-
ployer. Ordinarily no dispute arises
over this feature, there being no OPP
portunity for it, the method of arriv-
ing at the average weekly wage being
fixed by the statute.
Then so long as the incapacity con-
tinues, the Insurance Company pays
one-half the average weekly wage,
unless it amounts to over $40 or
should be under four dollars, in
which case it pays the maximum or
minimum amount. When the In
capacity ceases a final payment is
made, an agreement to that effect Is
made and this is filed in the Office of
the Industrial Commission and when
approved the case is closed.
In case the incapacity does not last
more than two weeks, no compensa-
ton is paid except for medical ser
vices up to $50, unless more is allowed
in case of a major surgical operation
being necessary.
If a dispute should arise on any of
the questions as to amount of weekly
wage, limit of incapacity, or whether
the workman was casual employee
or the injury arose out of his employ
ment, statement of the facts Is Al
ed 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
points of law an appeal may be made