Milford chronicle., 1918-01-04
WORKMEN'S COMPENSATION LAW
NOW IN FORCE in This STATE

The Delaware Workmen's Compen-
sation Act, which went into effect on
January /, 1918. applies to all en-
pigments with the exception OF farm
labor, domestic service, casual en-
ployees, outwOrkers, and employ
ments where less than five are EN-
ployed Briefly stated, a casual en-
ployee is a person whose employment
is not for the purpose Of the employ
ers' trade or business, such as a per-
son employed to trim a grass plot,
and an Outworker is one to whom ar
ticles or materials are given out to
be made up, cleaned, washed, altered,
ornamented, finished or repaired, or
adapted for sale in the workers own
home, or on other premises not under
the control or management Of the en-
ployer. These definitions are as full
as can be given in an article OF this
kind. The Act does not apply to en-
ployers engaged in Interstate Com
merce. when the Federal law pro-
vides for compensation or liability.
Under the above law, one of three
forms of liability may arise:
(a) The employer may be sued at
law for damages and be deprived of
the right of interposing the defences
of assumption of risk, contributOry
negligence, or negligence Of fellow
employee. This situation will arise
where the employer elects not to ac-
eept the compensatory provisions of
the Act;
OBJ The employer may be sued at
law for damages and be allowed to in
terpose such defenses. This situation
may arise where the employer elects
and the employee declines to accept
the compensatory provisions OF the
Act;
(c) The employer may be required
to pay and the employee bound to ac-
cept compensation in accordance with
the schedule of payments set forth in
the Act. This situation arises when
both the employer and employee have
elected to be bound by the compensa-
tory provisions of the Act.
The election above referred to un-
der the Delaware Act is what is
known as the negative form, meaning
that both employer and employee are
CONF .vely presumed, as a matter of
law, to have come under the compen-
torp provisions of the Act unless
notice to the contrary shall have been
given. This notice on part Of the en-
plOyer is given by posting or serving
of notices, and by the employee by
mailing a notice to his employer or
serving such notice on the proper
agent of the employer. In cases of
such election not to be bound, the en-
plOyer or employee so electing is also
- a fffHa vii with tho
Industrial Accident Board certifying
to the giving of suUn notice. Such
notices must be given thirty days
prior to an accident resulting in in
jury or death, unless the injury oc-
CURED less than thirty days after the
date of employment, in which case
notice given at the time of employ
ment will be sufficient. The Statute
must be strictly followed in the Civ
ing of such notices, and the filing Of
such affidavits.
When both the employer and EN-
ployee shall have elected to be bound
by the compensatory provisions of the
Act, the relief to employees, If in
jured is speedy and certain, and is
available when most needed, and
though moderate in amount, the en-
ployee will get 1t without reduction
for legal expenses; the employer will
know exactly what he must pay, and
need not guess at the amount which
a jury win put on his employees in
jury; and that what he pays will go
without waste to the wOrkmen and
their. dependents, and the payments if
Of any considerable amount, will be
spread over a number Of years.
Briefly stated, the compensatory
schedule provides as follows
(a) No com pensatiOn is paid for
an injury which does not incapacitate
the employee for a period of fourteen
days from earning full wages, but if
the incapacity extends for a longer
period, compensation begins on the
day. During the fourteen
lays, the employer, if requested by
the employee or ordered by the In
iustrial Board, must furnish free of