Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06
benefits imposed by Sections l and

benefits imposed by Sections l and
2 hereof upon employers, and the
purchase and acceptance by such
employer of a valid compensation
insurance policy, which shall in
clude in its coverage classical
ton Of farm laborers or domestics,
shall constitute as to such employ
er an assumption by him Of such
liability without any further act
on his part, and such assumption
Of liability shall take effect and
continue from the effective date
Of such policy and as long only as
such policy shall remain in force.
If during the life of any such in
surance policy, an employe, who IS
a farm laborer or domestic, shall
suffer personal injury or death by
an accident arising out of and in
the course of his employment, the
exclusive remedy of such employee
or his dependents shall be to &C
cept compensation and benefits &C
cording to the Workmen's Com
pensation Act.
Section 5. Cd Where an injury
or death for which compensation
is payable under circumstances
also creating a legal liability for
damages on the part of any party
other than the employer, such party
being at the time of such injury
or death insured or self insured in
accordance with Section 2 of this
Act, the employee in case of injury,
or his dependents in case of death,
may, at his or their option, pro-
coed either at law against such
party to recover damages or against
the employer for compensation, but
not against both.
If the employee In case Of injury,
or his dependents in case of death,
shall bring an action for the re-
covery of damages against such
party other than the employer, the
amount thereof, manner in which,
and the persons to whom The same
are payable, shall be as provided
for by the Compensation Act, and
not otherwise; provided, that in
no case shall such party be liable
to any person other than the en-
ploye or his dependents for any
damages growing out of or result
ing from such injury or death.
II the employe or his dependents
shall elect to receive compensation
from the employer. then the latter
shall be subrogated to the right
Of the employe or his dependents
to recover against such other party
and may bring legal proceedings
against such party and recover
the aggregate amount of compen-
sation and medical expense pay
able by him to such empioye or
his dependents hereunder, together
with the costs and disbursements
Of such action and reasonable at
torney's fees expended by him
therein.
The provisions of subdivision
Of this section shall apply only
where the employer liable for
compensation and the other party
or parties legally liable for dam
ages were both either insured or
self-insured and were engaged in
the due course of business, ,a) in
furtherance of common enter
prise, or (b) the accomplishment
of the same or related purposes
in operation on the premises where
the injury was received at the
time thereof. and not otherwise.
CD Where an injury or death
for which compensation is payable
is caused under circumstances also
creating a legal liability for Jam
ages on the part Of any party
other than the employer, such party
being at the time Of such injury
or death insured or self-insured
in accordance with Section 2 of
this Act, but where the provisions
Of subdivision l of this section do
not apply, or where said party or
parties other than the employer
are not insured or self-insured at
time of such injury or death as
provided by Section 2 of this Act,
legal proceedings may be taken
by the employe or dependents
against such party or parties to
recover damages, Notwithstanding
the payment by the employer or
his liability to pay compensation
hereunder, but in such case, if the
action against such other party
or parties is brought by the in
jured employe, or, in case Of his
death, by his dependents, and a
judgment is obtained and paid or
settlement is made with such other
party, either with or without suit,
the employer shall be entitled to
deduct from the compensation
payable by him the amount &C
tually received by such employee or
dependents after deducting costs,
reasonable attorneys fees and
reasonable expenses incurred by
such employee or dependents IN
making such collections or en-
forcing such liability; provided that
in such case if such action be not
diligently prosecuted by the en-
ploye, or if, for any reason, the
court deem it necessary or advisable
in order to protect the interests
of the employer, the court may,
upon application, grant the right
to the employer to intervene in
any such action for the prosecution
thereof, as now provided by law;
provided that if the injured en-
ploye, or, in case of his death, his
dependent, shall agree to receive
compensation from the employer or
shall institute proceedings to re-
cover the same or accept from the
employer any payment on account
of such compensation, such en-