The Birmingham age-herald., 1919-01-26
Workn1en's Compensation Act For Alabama Is NoW
 Before the LalUmakers
Measure Prepared By Alabama Law Reform Committee Follows Closely the Present Minnesota Law-Some
 of the Salient Features of Proposed Measure
By W. ]. B0LES

stances, the award from dissipation land waste by providing periodical pay ments; simplifies the remedy for en- forcement of the claim and prevents absorption by legal and medical fees and costs; prescribes and standardizes amount of compensation, permits in- demnity insurance by the employer, a life or accident insurance by the em- ploye; greatest no new office or de- partment, nor entails upon the state or the parties fees or travelling eX- penses, as the administration of the law is left with existing tribunals; ex- empts proceeds arising hereunder from attachment for debts.
 The state insurance feature is omit ted from this bill, the committee stat ing that they did not wish to burden it with matters not essential, the bill in it's present form being complete law on the subject of workmen's com pensation.
 SHALL RECEIVE COMPENSATION
 The act provides that when personal injury or death is caused to an em- ploye by accident arising out of and in the course of his employment, of which injury the actual or lawfully imputed negligence of the employer is the natural and proximate cause, he, oI in case of his death, his personal rep
 
 of the surviving spouse and next of kin, shall receive compensation by way of damages therefor from the em ployer, provided the employe himself was not wilfully negligent at the time of receiving such injury, and the ques- tion of whether the employe was will fully negligent shall be one of fact to be submitted to the jury, subject to the usual powers of the court over nt a,6 ,t,-o,- 10 x,i dence or the law.
 The common law defenses of con. tributory negligence, unless the em. p1oye was wilfully negligent, the fel low servant doctrine and assumed risk are abolished in action brought under the provisions of this act, ex. cept where the employer subjects him self to this act and the employe does not, in which case all or any of these defenses are available. Failure to come under the protection of this act de prives the employer of all of these de. lenses
 In all actions brought pursuant tc this act the burden of proof to estab. fish wilful negligence of the employe rests on the defendant
 Compensation for legal services ren- dered in connection with any claim arising under this law is limited to 2C PSA SSAt OL tilC duicuHl COIltClcu, dHt it not enforceable as lien unless ir writing signed by the judge presiding at the trial
 The act does not apply to common carriers engaged in interstate business domestic servants, farm laborers O. persons whose employment at the tim, Of the injury is casual, and not in tn, usual course of the trade business. pro fession or occupation of the employer WHEN BOTH ACCEPT Acceptance by both employer and em ploye of the provisions of this ac works surrender of their rights t, any other method, form or amount O compensation or determination there of. Acceptance may be either expres or implied and all contracts of employ ment made after the taking effect o this act shall be presumed to have beel l made with reference to, and subject tc l it's provisions, unless otherwise ex pressedly stated in the contract, or un less written or printed notice is give l by one party to the other that he doe l not accept it. Either party may termin ate the agreement by 30 days write | notice. Minors permitted to work f 1 this state have the same power to con | tract, make election of remedy, mak l settlements and receive compensatio I as adult employees, but courts, at thei | discretion, may require the appoint | ment of a guardian.
 The following is the schedule o 1 compensation: Temporary total dis l ability, 60 per cent of wages receive l at time of injury. subject to maximum of $17.50 a week, and a mini4.aum 0 l $6.50 a week, provided the injured per | sons wages are less than $6.50 week, when he shall receive the ful amount of such wages; payments not t exceed 300 weeks. Temporary partis disability, 50 per cent of the differenc i between the wage of the workman a ! the time of injury and the wage h is able to earn in his partially dis l abled condition, but not beyond 30 weeks. For permanent partial disabil ity, loss of thumb, 60 per cent of dail l wages for 50 weeks; loss of the inde finger, 60 per cent of daily wages nc | to exceed 35 weeks; loss of secon finger, 50 per cent of daily wages nc
 to exceed 30 weeks; loss of third f1nge
 60 per cent of daily wages not to ex
 ceed 20 weeks; loss of fourth finge 60 per cent of daily wages not to ez yeed 15 weeks. Loss of first phalang
 of thumb or of any finger. compenss
 tion at half prescribed rate for loss
 entire thumb or finger; loss of nor | than-one phalange shall be considere
 as loss of entire finger; provided tha in no case shall the compensation |
 more than for the loss of hand
 Loss of the great toe, 60 per cer
 of daily wages during 30 weeks; loss
 one of other toes, 60 per cent of dail
 wages during 10 weeks; loss of or
 phalango of a toe to be considere
 equal to loss of half toe and con lpensation at prescribed rate during ha
 the time prescribed for such toe.
 Loss of hand, 60 per cent of dail
 wages. l5o weeks; loss of foot SO ps
 cent, 125 weeks; loss of leg. 60 pt
 cent 175 weeks; loss of an eye. so pt
 cent 100 weeks; complete and perms
 nent loss of hearing in both ears, per cent, 125 weeks; loss of an eye an