Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06
to elect not to be bound by the
f;o~1 Al 4.

made after the effective date of
this Act. On and after the effective
date of this Act all employers and
employees, except those excluded by
Section hereof, shall be subject
to the provisions o. the Workmen's
Compensation Law, and every such
employer shall be liable for COM
pensation, medical and other bene-
fits according to the schedules of
the Workmen's Compensation Law,
and all acts amendatory thereof
and supplementary thereto, and
shall pay compensation in every
case Of personal injury or death
of his employe, caused by accident
arising out Of and in the course
Of the employees employment, with
out regard to the question of negli-
gence, except injury or death which
is Intentionally self-inficted or
when the intoxication Of such en-
ploye is the natural or proximate
cause OF the injury, and the burden
OF proof OF such fact shall be upon
the employer. The liability herein
imposed upon the employer shall
extend to and bind those conduct
ing the employers business during
bankruptcy, insolvency or assign
ment for the benefit Of creditors.
1t Is hereby made the duty Of all
employers to commence payment
OF compensation at the time and
II the manner prescribed by the
Workmen's Compensation Law
without the necessity Of any agree
ment or order of the Industrial
commission, payments to be made
at the intervals when the wage
was payable as nearly as may be.
No agreement by any employee or
dependent whether made before or
after the injury or death to take
as compensation an amount less
than that prescribed by law shall
be valid.
Section 2. Every employer except
the state and the municipal sub
divisions thereof liable under this
Act to pay compensation shall in
sure payment Of such compensa-
ton with some insurance carrier
authorized to insure such liability
In this state or obtain an order
from the Industrial Commission
exempting him from insuring his
liability for compensation and per-
hitting him to self-insure such
liability in the manner hereinafter
set forth; provided that nothing
herein contained shall prevent any
employer with the approval Of the
Industrial Commission from ex-
Guiding medical and hospital bene-
tits as required in Section 4279,
Mason's. Minnesota. Statutes. of
1927; provided, also, that an en-
ployer conducting distinct oper-
atoms or establishments at differ
ent locations may either insure or
Sef-lnSure such other portion of
his operations which may be de-
termined by the Industrial Com
mission to be a distinct and sep
arate risk. An employer desiring
to be exempted from insuring his
liability for. compensation shall
make application to the Industrial
Commission, showing his financial
ability to pay such compensation,
whereupon. the. Commission. by
written order may make such ex-
emption as it deems proper. The
Commission may, from time to
time, require further statement of
financial ability Of such employer
to pay compensation, and may
upon ten days notice in writing
revoke its order granting such ex-
emption, in which event such en-
ployer shall Immediately insure his
liability. AS condition for the
granting Of an exemption the In
dustrial. Commission shall. have
authority to require the employer
to furnish such security as it may
consider sufficient to insure pay
ment Of all claims under COM
pensation. Where the security is
in the form Of a bond or other
personal guaranty, the Industrial
Commission may, at any time,
either before or after the entry
Of an award, upon at least ten
days notice and opportunity to be
heard, require the surety to pay
the amount Of the award, the same
to be enforced in like manner as
the award itself may be enforced.
Section 3. The liability of an en-
ployer prescribed by the preced-
ing sections shall be exclusive and
in the place of any other liability
whatsoever to such employee, his
personal representative, surviving
spouse. parents, child or children,
dependents or next of kin, or any
other person entitled to recover
damages at common law or other
wise on account Of such injury or
death, except that if an employer
other than state and the municipal
subdivisions thereof, shall fail to
insure or self-insure his liability
for compensation, medical and
other benefits, to his injured en-
ployes and their dependents, as
provided in Section 2 of this Act,
an injured employe, or his legal
representatives or his dependents
In case death results from the in
jury, may, at his or their option,
elect to claim compensation under
the Workmen's Compensation Law
or to maintain an action in the
courts for damages on account OF
such injury or death; and in such
action it shall not be necessary to
plead or prove freedom from con-
tributory negligence, nor may the
defendant plead as defense that
the injury was caused by the negli-
gence of a fellow servant, nor that
the employe assumed the risk of
his employment, nor that the in
jury was due to contributory negli-