Montana labor news., 1935-12-26
Compensation History Of
Occupational Diseases

The first record OF compensation and
occupational diseases is given as the
year 643 in an address by Thomas N.
Bartlett, manager Of the Claim Divi-
sion of the Maryland Casualty Com
pany, in an address at Asheville, North
Carolina, the third day Of October, 1885.
According to this speech, King Roth
ari Of the Lombards, after they had in
vaded Italy, codified, the laws of the
country. He issued an edict which APP
piled 10 personal injuries received in
brawls, fights and feuds, incorporated
a list of injuries with the amount of
money to be paid for each, covering
death, dismemberment, loss Of sight and
other specific injuries. All injured
parties would not receive the same
amount for the same injury. A free
man received the greatest amount and
then the slave and household servant
and several other classifications receiv-
ed lesser amounts.
Germany, in 1884, by an act OF its
Reichstag, passed what has been ac-
credited to Germany in modern times,
the first compensation law.
But the first law which provided for
compensation regardless Of fault
while though perhaps somewhat crude
in the light OF present experience, was
that OF Switzerland in 1877. This law
Imposed upon employers responsibility
for diseases which specifically and con-
clusively grew out Of certain occupa-
lions where poisons or harmful Subs
~tances were required to be listed. This
list has been gradually enlarged and still
is in use at the present time.
1t was not until within the past ten
years that Germany extended the "Ac-
cident Insurance Law" making COM
pensable, as if accidents had occurred,
several specified miners diseases caus-
ed by lead and a number Of other sub
%stances, or by radioactive rays.
In the meantime, Great Britain re-
vised its original Workmen's Compen-
sation Law of 1894 and in 1906 was the
first country to follow the example OF
Switzerland in providing compensation
for certain diseases named by schedule
So when nearly a quarter Of a cen
fury ago, the first compensation laws
in our country were passed, the basic
principles underlying their passage anc
the enactment Of subsequent similar
laws are we'll known. These basic prin,
ciples were then, and no doubt still
are, considered sound and logical.
Recently. by reason of the rapit
growth and development OF our com.
plex industrial life, with its attendan
acute hazards, more pronounced thar
ever before, instricate machinery, pow.
er-driven tools and appliances, and in.
tensified chemical processes, we art
now faced with just as serious anC
acute conditions in the dealing witt
o%ccupational diseases contracted in EN-.
iployment, as we were when common
law, remedies for injury by acciden.
were considered unsound, too expen.
sive for industry and unfair to th'
worker.
Mr.. Bartlett in discussing the growtl
of silicosis states that the fibrotic con.
dition of the lungs known as s~ilicosii
and asbestosis does not develop sud.
denly. 1t is not Immediately disabling
as in the case when an accident occurs
These diseases creep on as thieves il
the night, slowly and s%tealthily. Once
the disease manifests itself develop.
ment is sure and certain over a Ions
period Of time. In the light OF re
search thus far made, this is grave
doubt that it can be arrested and Ger
tainly thus far there is no known curl
for silicosis.
While Montana has no compensation
law at the present time, efforts hav0
been made to put one of the statute
and eventually and undoubtedly Mon
tana will have included in its com
pensation, occupational diseases.
In speaking of the difficulties to b
encountered in drafting a suitable &C
Z cupational disease law, MI. Bartlett
states as to dusty occupations, n ap
proach to the solution may be a provi
sion in the law for a waiting perio
5 of two or three years before it become
t effective as to benefits. In this wa
t reserves can be provided for the neV
t obligations. All provisions as to pre-
/ ventive and administrative measure
, can be made effective soon after pass
| age. The various state departments =
d. labor, hygiene, health, etc. - will the
= have an opportunity during the waitin
period as to benefits to correct a
z hazardous conditions injurious to tn
/, health OF the worker. Even though thi
! may not meet the full requirement
} yet it would unquestionably be bet
= tier than to precipitate the coyerage a
once with no preparation.
The speech Of Mr.. Bartlett in rela
ltion to the Miners and to the peopl
of Montana is particularly interestin.
and enlightening. OF course it is a
biased upon the capitalist methods o
functioning, However the people an.
the future legislators of Montana VIII
- s . 49, -.Isa-A -. ~.