Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1917-04-05
new LIABILITY LAW
0fDAk0TAIS RIGID
Employers and Employees VIII
Enter Upon New Relation
ship July 1.

ployer OF labor in South Dakota, ex-
GLIDING farmers except under certain
conditions, will enter upon a new rela-
tfonship to his employees when the re-
Gently enacted workmen's compensa-
ton law takes effect. July 1.
Both employer and empolye will be
presumed to*accept the terms OF the
law, unless by formal written notice to
the industrial commission, either or
both shall reject it. In this sense II is
elective. Like the Iowa n Indiana
compensation laws it takes away from
an employer rejecting h act. his So
called ommon law defenses-contrtbu-
tory negligence, the negligence Of a.
fellow employe and the assumption Of
the risk by the employe, thus leaving
him bound and gagged to meet claims
Tor damages.
An important provision Of section IL
makes the principal contractor liabie
for compensation to employees OF n
of his subcontractors not able to meet
their obligations to injured workmen.
Claims for compensation are given the
same preference or priority against the
assets OF the employer as is allowed by
the law for any unpaid wages A
claim for compensation is neither as
signable nor attachable. The law has
ployer to pay fore injuries occurring
within the state or In some other state
or In . foreign country"
The schedule OF compensation In
cludes payment for accidental death, IN
case deceased leaves dependents, OF
four times the employees average an
nuAl wage. but not less than 31,s5o, nor
more than $4,000. No payment to an In
jured eLnploye laid up less than eight
weeks need be paid by the employer for
the first two weeks Of disability, but
he is liable for medical n hospital Tees
for the first four weeks Of disability up
to q limit OF 500. Il h employer dis
abled for eight weeks or longer he be-
comes entitled to one-half his wages for
the first two weeks Of disability. The
payment allowed a disabled employe IL
one-half his regular wages but not less
than IS nor more than $12 per week.
For certain permanent injuries pay
ments are based on SO per cent of wages
for tho following periods:
Loss Of thumb, 40 weeks; loss OF first
finger, 30 weeks; loss of second finger,
Is weeks; loss Of third finger, 20 weeks;
loss OF little finger. is weeks; loss OF
great toe, 80 weeks; loss OF hand, $50
weeks; loss OF arm, 200 weeks; loss OF
foot, 125 weeks; loss of leg, 15O weeks;
loss sight Of one eye. 100 weeks.
The loss OF n phalange of the
thumb. finger or toe entities the injured
workman to half the allowances made
for full loss Of those members. In case
both feet, hands, legs, arms, eyes, or
any two thereof are lost, the case is
considered one OF total disability and
payments are made weekly in an
amount equal to the sum which would
rave accrued in case Of death. but not
extending over six years.
Farm labor is excluded from the pro-
visions Of the act, excepting where
ployer and employo voluntarily accept
them. by notifying the industrial COM
missioner. There are many things a
farmer has done by employees which IN
other states have been held to subject
him to payment Of compensation in case
Of injuries to employees, such as erect
Ing buildings, painting, road making
etc. Casual employment is not included.
This means where a person is hired TO
do something not in line with the reg.
ular trade, business Or profession OF
h employer"
The state, counties and municipalities
lre compelled to operate under the act,
and like an individual, If they cannot
convince the industrial commissioner
that they are financially able to meet
any possible obligations to their en-
ployes, they must insure their risks in
rome company or association licensed
by the state department Of
The Law creates the office Of indus
trial commissioner, and this office will
administer the law. The act fixes some
stiff fines tor failure to comply with its
provisions In the matter Of furnishing
reports Of accidents and other infor-
nation which the commissioner may
need.
sWorkmen's compensation laws have
now been enacted in about 40 states al
though 1t. is less than six years since
tho first law became operative IN the
United States.
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