Montana labor news., 1938-03-24
5iIitosis Compensation
In New York --- An
Appalling Record

rev years ago DeCdIlle
'silicosis conscious" An aroused
demanded decent legal pro-
lection for the pitiful victims of this
scourge of the dusty trades. In adj
dition to new safeguards in the work
places, there was need for proper
medical supervision and adequate
workmen's compensation for dis
ability and death.
It is now possible to compare from
official figures to silicosis compensa-
ton methods of New York and Wis
consin.
It is necessary to recall quickly a
bit Of recent history. When after
twenty years of workmen's compen-
sation in New York, the legislature
in 1885 had finally extended equal
protection of the law to all victims
of occupational disease, Governor
Lehman rightly and proudly said
that this FINALLY consummates the
original intent and spirit of the
workmen's compensation law"
But as soon as the legislation vas
adopted, casualty insurance interests
that had continuously opposed such
equal protection for silicosis victims,
created a panic of fear among the
employers in the dusty trades by
threatening that all affected work.
ers would have to be weeded out
through medical examinations, and
by sky-rocketing insurance costs.
The employers transmitted this fear
to their workers whose first con-
Germ is always the threatened loss
of their jobs.
The workers representatives were
induced to approve an amendment
which dra~stically limits compensa-
ton payments and medical benefits,
makes no allowance for partial dis
ability and, as the New York Times
then protested editorially, 'in its
essentials violates every fundament-
al principle of the compensation
act" The workers representatives
we're influenced by the promise of
an additional appropriation for the
study of s~ilicosis, and by a declara-
ton in the amendment that it is
the policy of the legislature" that
no employer in the dusty trades
shall require medical examination Of
an applicant for employment.
Against the vigorous opposition of
Secretary of Labor Frances Per-
kins, and the New York Times, Post
and World Telegram, the American
Association for Labor Legislation
and other civic organizations, which
all protested this violation of COM
~pensation principles, the vicious
amendment was rushed through at
Albany in 1886 as ian agreed mea-
sure" But one responsible propo-
nent confessed: 81 was never SO
ashamed of any bill in my life"
What has been the result? Does
the official record reveal social JUS
LITIGATION for this measure?
During the first full year of opera
ton under this amendment, silicosis
compensation cases were closed with
awards to only six victims in the
Empire State. The six awards to-
gether totaled only $4,595l I'm one
death case, $3.50 was all that could
be awarded to the widow and three
children under the amendment
What of the other victims of this
occupational disease? How many of
the workers in the earlier stages of
the disease r to continue at work
until their lungs become SO full of
the death dealing dust that compli-
eating tuberculosis endangers others
or total disability from s~ilicosis
brings them within the scant pro
lection of the law? How many are
to die needlessly as a result Of con-
tinued exposure while still further
urgently needed expansion Of pre-
tentative work is getting under
way?
How much has been taken from
New York employers in increased
compensation premiums for the pur-
pose of paying a total of merely
$4,535 on account of half a dozen
victims Of silicosis? Unfortunately
the figures for the total casualty
premiums already collected for sill
COSTS compensation are not available.
They should be made available.
Turn now to Wisconsin, which
earlier than New York provided full
compensation protection for all vic
TINS of occupational disease. In
1888 in Wisconsin, the same opposi-
ton interests forced a similar emas-
culatory amendment through the
legislature. But the governor Of
that state promptly vetoed it, say
ing, "The state cannot be a party to
sending these men to their certain
DEATH"
Then, in Wisconsin when the cas-
ualty insurance interests turned on
the heat" and employers there were
likewise threatened with greatly in
creased insurance premiums unless
their s~ilicotics were thrown upon the
industrial scrap heap, the state in
dustrial commission resisted
Through resourceful amendments
the law was strengthened, not weak
ened, to assure protection to silico-
sis victims. Under insurance pres
e1Ire for medical examinations