The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-06-16

VI bio @ON Pluheo Va ONtAs
tanooga and the immediate district.
The bill was passed by the state leg
islature April is. The bill Is regarded
as q very fair and just one by both
manufacturers and employees. The
workman will. of course, reap the
main benefits from the act. About
the only point gained for the manu-
facturer Is the fact that the plant
owner will be freed from the hazard
OF big damage suits for injuries sus-
tanned through accident by his en-
ployes.
According to C. c. Moore, the COM
pensation act will undoubtedly mean
higher insurance rates for the en-
ployer, since 1t Is no longer ques-
ton of liability when q workman
sustains injury while performing his
duty. The question to be decided Is,
to what extent Is the laborer injured?
Every employee under the law will re-
ceive compensation according to his
injuries as provided for by provi-
sions of the bill II Is impossible to
figure exactly how much higher the
new insurance premium will be until
the state insurance inspector an
noupces the rate. All insurance COM
panies will quote the same rates for
the various employments.
It Is the opinion of Mr.. Moore that
the new rate will mean that the man
ufacturer must pay about Is per
cent. more for his insurance. The
rate will, of course, vary for the diff
ferent industries. For instance, textile
mill operators will pay a low rate,
since there Is very little danger con-
nected with textile work, while fur
naces and coal mine operators will
pay high rate. die to the unusual
hazards to their employees. The rate
under the compensation law will be
higher for the simple reason that un-
der the old system in only about rs
per cent of the cases did the injured
man recover damages.
Technical Defenses Removed.
The compensation law does away
with the three common law defenses
of the employer-"fellow servants
fault" "contributory negligence" and
Assumption of risk" In one sense
the law does not do away with the
"contributory negligence" feature,
since one provision of the act pro-
vides that when an employee wilfully
violates come rule or instruction he
is not entitled to compensation. The
law was passed that all employers
shall compensate employees on &C
count of injuries, including sick ben
efits, as well as personal injuries,
according to Mr.. Moore.
To further protect the workman,
the employer must make bond. If
the employer does not choose to put
up his personal bond. he must take
out an insurance policy. The COM
pensation policy must provide not
only for indemnity of employer, but
for the employee as well, according to
Mr.. Moore. 1t will be to the advan-
tage of the employer then to get as
cheap a policy as he can, but 1t will
be to his advantage at the same time
to secure a policy with a company
which is prompt to adjust all claims.
In the past one of the worst draw
backs to the old insurance policy has
been the delay and inefficiency of the
insurance companies, due to not hav-
ing man on the job to attend to the
claim Immediately after the accident.
Under the compensation law the
amounts are not absolute, but are
fixed within certain limits.
In many industrial towns in states
where compensation laws are in eff
feet. manufacturers have formed a
reciprocal company. That Is, they
all join together and each pays a
certain rate based upon the number
of employees and the class of employ
ment into a general fund. 1t has
been found that this could be done
even cheaper in many instances than
the employer could be insured under
an old line company. 1t Is figured
that the manufacturers can operate
a reciprocal concern as much as 40
per cent, cheaper than they could
= lrNVN
policies. 1t is hardly likely that a
reciprocal plan will be formed In
Chattanooga. Several of the local
manufacturers have expressed them
selves as opposed to such a plan.
Sobriety Essential.
Compensation Is elective, but the
acceptance by both employer and en-
ploye is presumed unless notice to
the contrary is given the factory in
spector. If the employer elects to re-
ject the law he is deprived of the
three common law defenses. If the
employee rejects, present defenses re-
main. All employments, with few
exceptions, are covered by the COM
pensation law. Exceptions are casual
employees or in instances where less
than ten men are regularly employed,
domestic employees, common carriers
and a few others. All personal in
juries arising out of or in the course
of regular employment, except the
wilful misconduct of the employe,
intoxication and self-inflicted injury,
are covered by the law.
The compensation for total disabil-
ity is so per cent. of weekly wages,
maximum $11, minimum IS, or full
wages under IS weekly, maximum
period 800 weeks if temporary. In
case of injury resulting in permanent
total disability, a maximum period
of $50 weeks, subject to rate OF So
mum total of $4,000. The compensa-
scale according to the extent of the
disability.
Special attention is called to the
following clauses in a bulletin issued
by the chief inspector:
Summary Of Law.
THE compensation law places upon
the bureau of workshop and factory in
spection certain duties as to the op-
Grafton of the law. For the benefit of
the industries and laborers of the state
who are interested, these duties are
herewith set forth.
Acceptances and Reflections Of the Law.
Under sections and 4 the law
stipulates that every employer shall be
presumed to have accepted the pro-
visions of the act unless he shall have
given, thirty days prior to any accident,
notice to the contrary, in the following
manner:
"Q) BY posting and keeping posted
such a notice in his shop or place of
business:
"(2) BY filing duplicate copies with
the bureau of workshop and factory In
sDectiOn of the state,
"And every employee is likewise pre-
sumed to come under the act. unless
he or she gives notice to the contrary
as follows:
"Q) BY giving written or printed
notice to HIS employer of his election
not to be bound by the act; ~,
"(2) BY filing with the bureau OF
workshop and factory inspection a
duplicate of his notice to the employer
and also nroof of service of same on