Newark leader. ([Newark, Ohio]) 1917-1946, 1923-08-31

dC law. WHen CnlS is QOne, the f1gnt
to compensation is forfeited. If the
suit is won, it generally drags through
the courts for months or years, and
in the end the attorneys receive from
80 to 90 per cent of the judgment. In
many cases, after the attorneys are
paid, less is received than if the COM
pensation had been accepted in the
first place.
By the operation of the proposed
Constitutional Amendment no person
may be deferred from charging a vio-
lation of lawful requirement because
of the penalty inflicted, as now, in the
loss of compensation if the suit fails.
Under the proposed new order, the
Workmen's Compensation will always
be paid, whether the additional COM
pensation is granted for. the violation
of lawful requirement or not.
The liability insurance lobby fought
this amendment in the last Legis-
lature and it is not too much to ex-
pect that thes insurance companies
will do SO in the coming campaign for
it's adoption. Labor must be up and
doing if it wants it to secure a favor
able vote in November.
The full text of the proposed amend
ment follows:
ARTICLE II.
Sec. 35. For the purpose of pro-
viding compensation to workmen and
their dependents, for death, injuries
or occupational disease, occasioned in
the course of such workmen's employ
ment, laws may be passed establish
ing state fund to be created by COM
pulsory contribution thereto by en-
ployers, and administered by the
state, determining the terms and con-
ditions upon which payment shall be
made therefrom. * Such compen-
sation shall be in lieu of all other
rights to compensation, or damages,
for such death, injuries, or occupa-
tional disease, and any employer who
pays the premium or compensation
provided by law, passed in accordance
herewith, shall not be liable to re-
spond in damages at common law or
by statute for such death, injuries or
occupational disease. Laws may be
passed establishing a board which
may be empowered to classify all oc-
cupations, according to their degree
of hazard, to fix rates of contribution
to such fund according to such classi-
fication, and to collect, administer and
distribute such fund, and to determine
all rights of claimants thereto. Such
board shall set aside as a separate
fund such proportion of the contribu-
tiOns paid by employers as in it's
judgment may be necessary, not to
exceed one per centum thereof in any
one year, and SO as to equalize, inso-
far as possible, the burden thereof,
to be expended by such board in such
manner as may be provided by law
for the investigation and prevention
of industrial accidents and diseases.
Such board shall have full power and
authority to hear and determine
whether or not an injury, disease or
death resulted because of the failure
of the employer to comply with any
specific requirement for the protection
of the lives, health or safety of en-
ployes, enacted by the General AS
sembly or in the form of an order
adopted by such board, and it's deci-
sion shall be final; and for the purpose
of such Investigations and inquiries it
may appoint referees. When it is
found, upon hearing, that an injury.
disease or death resulted because of
such failure by the employer, such
amount as shall be found to be just,
not greater than fifty nor less than
fifteen per centum of the maximum
award established by law, shall be
added by the board, to the amount of
the compensation that may be award
ed on account of such injury, disease,
or death, and paid in like manner as
other awards: and, if such compensa-
tion is paid from the state fund, the
premium of such employer shall be
increased in such amount, covering
such period of time as may be fixed,
as will recoup the state fund in the
amount of such additional award, not
withstanding any and all other pro-
visions in this constitution.