The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1917-03-30
STATE LIABILITY Law
EMPLOYERS AND EMPLOYEES
WILL ENTER UPON NEW
RELATIONSHIP July 4.

Pierre, March 30.-Every employ
en- OF labor in South Dakota, exclud-
ing farmers except under certain con
d%itions, will enter upon a new rela-
tionship 10 his employees when the
recently enacted workmen's eompen-
sation law takes effect, July /.
Both employer and employee 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 it is elective. Like the Iowa
and Indiana compensation laws it
takes away from an employer re
jecting the act. his socalled common
law defenses - contributory negli-
gence. the negligence of "A fellow en-
ploye and the assumption of the risk
by the employe. thus leaving him
bound and gagged to meet claims for
damages.
An important provision of section
II makes the principal contractor Ii
able for compensation to employees of
any 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 en-
ployer as is allowed by the law for
any unpaid wages" A claim for
compensation is neither a~ssignable
nor attachable. The law has extra
territorial effect, binding the en-
ployer TO pay for injuries occurring
within the state or in some other
state or in a foreign country.
l. .a44Ia - IL
cludes payment for accidental death,
in ease deceased leaves dependents,
of our times the employees average
annual wage. but not less than ST.
$50, nor more than $4,000. No
payment to an injured employe laid
up less han eight weeks need be paid
by the employer for the first two
weeks of disability, but he is liable
for medical and hospital fees for the
first our weeks of disability up to
a limit of 500. 1t the employee is
disabled for eight weeks or longer he
becomes entitled to one-halt his
wages for the first two weeks % dis
ability. The payment allowed a dis
abled employe is one-half his regular
wages but not less than SO nor more
than $l2 dollars per week. For Ger
tain permanent injuries payments are
based on 50 per cent of wages for
the following periods:
Loss of thumb. 40 weeks: loss OF
first finger. 30 weeks: loss OF second
finger. % weeks. loss of third fin
ger. 20 weeks: loss of little finger.
lis weeks; loss of great toe, 80
weeks: loss Of hand, $50 weeks; loss
80 - nAn ..,AIAa 1arn Of Fnnf . =
weeks; loss of leg. $50 weeks: loss
OF sight of one eye. 100 weeks.
The loss of one phalange of he
thumb. finger or toe entities the in
iured workman to half the allow
ances 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 n Of
total disability and payments are
made weekly in an amount equal to
the sum which would have accrued
i'm case of death. but not extending
over six years.
Farm labor is excluded from the
provisions of the act. excepting where
employer and employe voluntarily
accept them by notifying the indus
trial commissioner. There are many
things a farmer has done by en-
ployes which in other states have
been held to subject hin to payment
of compensation in case Of injuries
to employees. such as erecting build
, ings. painting. road making. etc.
Casual employment is not included.
This means where a person is hired
TO do something not in line with the
! regular trade, business or protes-
| sion of the employer
The state. counties and municipal
tiles are compelled to operate under
the act. and like an individual, If they
cannot convince the industrial COM
missioner that they are financially
able 10 meet any possible obligations
to their employees. they must insure
their risks in some company or asso-
citation licensed by the state depart
ment of insurance.
The law creates the office OF in
dustrial commissioner, and this OF
flee will administer the law The
act fixes some stiff fines for failure
to comply with its provisions in the
matter of furnishing reports OF acct
dents and other information which
the commissioner may need.
Workmen's compensation laws
have now been enacted in about 40
states although it is less than six
years since the first law became OPP
%eratiye in the United States.