The Covington leader. (Covington, Tenn.) 18??-current, 1919-06-26
COMPENSATION ACT
EFFECTIVE JULY FIRST

mems compensation act, enacted Dy
the last session of the legislature,
which becomes effective July ]
The act provides for an elective
system of compensation for acci-
dents occurring to employees and is
one Of the most important laws that
has been put upon the states statute
books in many years.
Compensation elective. Acceptance
Of employer and employee presum-
ed unless notice is given state fac
tory inspection. Either party may
change election by 80 days notice.
(Section 3-4,)
If employee accepts and the en-
ployer rejects. defense of assump-
ton of risk, fellow servants fault,
and contributory negligence, unless
wilful, are abr0gated in case of dam
age suit by employee. If employer
accepts and employee does not, pres
emit defenses remain. (Section III.
All employments expect casual,
where less than 10 are regularly EN-
ployed, agricultural and domestic
employees and common carriers doing
interstate business while engaged in
interstate commerce. In cases where
less than 10 are regularly employed
and in the case of coal operators and
in the cases Of the state Of Tonnes
see, counties thereof and municipal
corporations, the employer may ac-
cept the act by giving 30 days mo-
tice, but may, without notice, fail to
accept act and retain common law
defenses. (Section s.
Personal injury by accident arts
ing out Of and in the course of en-
ployment, excepting those due to
employees wilful misconduct, inten-
tional self-inflicted injury, intoxica-
ton or wilful failure or refusal to
use a safety appliance or perform
duty required by law (Section 100
Notice of injury shall be given
Immediately upon the occurrence Of
an injury or as soon thereafter as
is reasonable or practicable, unless
employer has actual knowledge Of the
accident. No compensation payable
unless written notice is given en-
ployer within 80 days, unless rea-
sonable excuse is made. Claim must
be made within one year after in
jury, or be barred. (Sections 22-24).
In case Of temporary disability, no
compensation allowed for a period
Of IA days after injury unless dis
ability continues for as long as six
weeks, in which event compensation
is allowed beginning with the day
after the injury (Section 26).
Employer must furnish medical
aid, including crutches, for a period
of 80 days after injury, provided
that the total liability shall not eX-
coed $1O0 In the event Of death,
employer to pay burial expenses to
the extent of 500. (Section 25).
Employer must insure in company
satisfactory to insurance commission
er, or must give satisfactory bond
or satisfy the commissioner Of his
financial ability to pay the awards.
House Bill 48l, passed at present
session Of the general assembly, pro-
vides for the admission into this state
of mutual companies (Section AID
Compensation payable direct to
employee by employer or insurer;
payments to be made at same inter-
walls as wages as near as possible,
(Section 30.)
Attorneys fees must be approved
by the court, and in no case can be-
more than 20 per cent of recovery.
fSection 1872
Minors of legal working age given
same contractual power as adults.
Compensation to minor is in lieu
of any claim by parent for loss of
services (Section ~.
Where right of accident exists
against third party, employee has OPP
ton of proceeding against third par
ty for damages Of claiming compen-
sation from employer If latter
employer is subrogated to the EN-
ploye's rights against third party,
but must pay the employer any
amount recovered in excess of COM
pensation and cost Of action (Section
1G.
Principal contractor secondarily
liable to employees of his subcon-
tractor. (Section 49,
Where elected, compensation is
the exclusive remedy for injuries COW
cred by the act as to the employee
personal representative or next OF
kin. (Section 81.
Written or printed notices of en-
ployer's election to reject or change
of election must be posted at place
of business, with duplicate to state
factory inspector. (Section d.
Employer who deducts from his
employees wages any portion of his
insurance cost guilty Of misdemean-
or, also guilty of misdemeanor in
event. Of failure to carry insurance,
give bond or satisfy commiss1bn of
his ability to pay award. (Section
ALL
If any of the provisions of the
act are held unconstitutional, it shall
not affect the remaining portions.
In death claims, where the cause
of death is obscure or in dispute, any
interested party may require an au-
topsy at his own expense (Section
%.
Fifty per cent weekly wages, max
imum $11, minimum So, or full
wages under SIS weekly; maximum
period, 300 weeks, if temporary. In
case of injury resulting in perma-
nent total disability, maximum per-