The labor world. [volume] (Duluth, Minn.) 1896-current, 1916-07-22
BY ALROY S. PHILLIPS.

BY ALROY S. PHILLIPS.
The compensation payments under.
the various laws are usually a certain
percentage of the wages of the in
jured employees for fixed periods Of
time, with maximum and minimum
limits to the payments. The. wages
which are taken as the basis of the
payments are not usually the wages
which are being earned at the time Of
the injury, but are usually the aver
age weekly wages earned during a
given period prior to the accident In
Arizona, California, Colorado, Iili-
nois; Indiana, Iowa, Kansas, Louis
ana, Maine, Massachusetts, Michigan,
New Hampshire, New York, Oklaho-
ma, Texas, Vermont and Wisconsin,
the average weekly wages are COM
puted by taking 1-52 Of the average
earnings for the year preceding the
accident. the latter in most of, these
states to be 800 times the average
daily wages for. the year. In Con-
necticut and Rhode Island, the aver
age weekly wages are taken at the
average for the rs weeks prior to- the
accident. In Nebraska and Penn
:sylvania they are taken at Y times
the average daily earnings for the
preceding six months; in New Jersey
they are six times the average for the
preceding six months. unless fixed by
contract; and in Maryland they are
the average for the full time of en-
ployment. In Montana and Ohio
they are taken at the wages earned
at the time of the accident. In West
Virginia it is the average for rea-
sonable time prior to the accident.
And in Oregon and Washington,
where the basis of payments is the
monthly wage, it is 26 times the daily
wages. Most of the laws provide that
If the employment has not continued
long enough to apply these rules,
then the basis shall he either on the
time it has actually continued or on
the basis Of employees of the same
class who have been employed for
the full period necessary. Most of the
states provide that if the injured en-
ploye is a minor and under: :n0rnial
conditions his wages might be ex-
pected to increase, his average wages
shall be taken at those he would
probably be earning If he were: Fl
years of age. This, however, should
be limited to cases where the com.
pensation payments will extend over
a long period Of time, as in;ease: of
permanent disability. Many Of the
laws also provide that board, todg-
ing, gratuities and the Ifke' 61Sa1I also
be included in the computations: but
that advances tor expenses shall be
deducted. Most OF the laws also pro-
vide that IL any of the enumerated
rules fail to apply any method of
computation may be used, ..,~, ".
The theory Of, most. of the laws
is that as the burden of its accidents
is to be placed upon each Industry,
the wage computation should net in
,clude any amounts earned by the, en-
pIoye. outside the industry or in. any
other o ,cupation than that at which
he was ZEN pi6ygd lat the time Of the
accident throughout the year there
is no objection to this, theory. but
there is I'M those industries which
furnish only temporary or seasonable
employment. In sdch industries. the
period tor which the wages are av-
eraged should be limited to the work
ing season, or the computation should
also Include the wages which are
usually, earned by employees 'of the
SAME class in occupations furnishing
temporary employment during the
dull season: Distinction SHOULD also
be made as to tho Duration. o. the
disability, for If a worker: is dis
abled for a period not exceeding the
length CT the working season, when
his wages are higher; he should be
compensated on the basis orr the
wages he would actually earn sduring
that time, for that is his actual loss.
In the other articles OF this series
were given the maximum and mini
mum compensation periods of the
various classes ~ Of disabilitfes;;z sand
the reasons for the minimum, pay
ment were discussed: in the articles
on temporary total disabilities. The