Evening journal., 1921-09-22

Cominr as We do nom one OF the
smallest States in the Union, 1t is
not 10 be presumed that our trou-
bles in administering a workmen's
compensation law are so numerous
as are the troubles OF those of you
who come from the larger 5urisdic-
nons. but fundam entally our troubles
would seem to be very closely re-
lafed to yours
las some Of You may recall. the
Delaware workmen's compensation
law is an elective one. and is in its
fourth administrative year. We have
no State fund plan OF insurance. and
our self-insurers are very few indeed.
The expenses Incident to the admin
istration Of the laW are met by a per
cenfurf tax on the premiums collect
ed by the insurance companies and
on the estimated premiums that
would have been paid by the self
..sisurers in the event that Insurance
would have been provided otherwise
No appropriation is made by the
General Assem- bly, for administrative
purposes. and under these circum-
stances the Industrial Accident Board
must needs be self-supporting- With
this brief introductory VIZ VIII con-
sider
/ The Necessity OF Reporting
Erery industrial Accident and How
Best In Obtain the Same
II Is our understanding that the
administrative boards and commits
dcns throughout the several states
and provinces are far from agreed
as to the proper policy that should
obtain in this important phase Of the
work. and that the practice varies
from the reporting OF the slightest
injury to that of reporting only such
accidents as are TO be compensated
No doubt the expense incident to the
proper handling Of every accident
report has caused TO some extent the
tendency to let such injuries as are
considered trivial pass unreported-
The Insurance companies are largely
responsible for this condition. in that
they discourage the reporting of
minor injuries ty the employer
Frequently a grave injustice Is
done an injured workman. who takes
It for granted that his interests are
properly protected by the employer
or his agent having knowledge OF the
accident when actually his claim is
barred by the expiration OF the time
for legal notification TO the employer.
AS the result Of an injury, complica-
tons have set in and he becomes in
capacitated for work. and all knowl-
edge Of the accident is disclaimed by
hose responsible for the reporting Of
same al the time OF its occurrence.
We have in mind a case that very
.learly portray-s a situation OF this
Kind IN an employe Of an ice plant
where II was a common occurrence
or the employees to be suddenly
,alled upon TO shut on the ammonia
mpply from broken mains The es-
aping fumes would cause consider
ible distress 10 the eyes and throat
sor the time being. but no particular
attention was paid to these incidents
5y either employees OF employer.
Some time after a rather severe ex-
perience OF this nature. this employe
began TO lose the sight OF one OF his
eyes When be started TO make in
zuiry as TO his rights under the COM
pensafion law. II was found that the
employer had not reported the acci-
dent the foreman in charge at the
time had but a faint. recollection OF
this particular incident the employe
had neglected TO give formal notice
Il the occurrence Of the accident,
and the time had elapsed for such
legal notification TO be given the en-
ployers consequently we had a situa-
ion that Was most embarrassing.
rhe Industrial Accident Board. by
permitting such an accident to go
unreported. the employer. through
MS failure TO report the same, and
he employe. by taking il for granted
.hrt his injury had been reported
were all in a measure responsible
The only party In interest benefittinr
by this situation was the insurance
carrier. who proceeded TO contes
the claim on the ground that ns
knowledge had been obtained or no
tice given 10 the employer within thu
time specified by the law. and tha
he was prejudiced BY delay in mott
fcafon-
During the first year OF the ad
reporting OF every injury was insist
ed upon by the board. and clos
follow-up OF every known acciden
was made At the beginning OF tn
second year. upon the suggestion o
the insurance adjusters. the EN-
ployers were privileged TO repor
only such injuries as incapacitate
the employe for period Of NOR
than twenty-four hours. The resul
Of this rule being a 40 per cent fall
Ing OF in the number OF accident
reported. with the effect OF havin
several claims fled for payment q
compensation for injuries OF whic
no report was al hand, and wit
contention ofttines as TO the occur
renee Of same. By this experienc.
We are convinced that efficient ad
ministration Of a workmen's com
pensation law requires the reportin
of every Industrial accident.
How such reports can best be oh
ia1ned Is another proposition. Wit
the acqulescence OF the board. IN
Insurance companies instructed the
assured 70 forward all reports
Whatsoever kind to their claim OF
nees. and they in turn were 10 for
ward copy TO the Office Of the sec
retary. II was soon found that som
OF the claim agencies were sendin
only such Of the reports as they COZ
ssoered necessary and. when effor
were made TO have all reports file
considerable friction developed b.
tween the employer. the insuran,
carrier and the secretary of the II