A workman injured in the course of his employment has three different modes of pro cedure open to him : He may sue for damages at common law ; he may sue for damages under the Employers' Liability Act of 1880 ; or he may claim compensation under the Workman's Compensation Act of 1906. Un der the Act of 1906, disputed questions are settled by arbitration in the County Courts. See Odgers C. L. 854.
Workmen's Compensation Acts were pass ed in 1911 in New Jersey, California, Wiscon sin, Kansas and Nevada, and in 1912 in Illi nois, Michigan, Arizona, New Hampshire and Rhode Island. Under such acts the employer is liable for the compensations to injured workmen. The only negligence recognized on the part of either the employer or the employee, speaking generally, is that of will ful negligence. If the employer is guilty of such he is penalized ; if the employee is, then his compensation is denied or reduced. The amount of the compensation is determined with a maximum and minimum limit by specified schedules of compensation and grad ed on a basis of a certain percentage of the loss or impairment of the injured worker's average weekly wage. Jury trials are large ly eliminated and the compensation to which the injured worker is entitled under the act is determined by a board of arbitration, a judge of some court or a board of awards created as specified by the act.
Workmen's Industrial Insurance Acts were passed in 1911 in Washington; in 1912 in Massachusetts, Maryland and Ohio, and in 1913 in West Virginia.
The injured workman's claim under a state insurance act is against a fund created by contributions paid by employers, employ ees and the state or by any of them, in the form of an insurance premium which is col lected by the taxing power of the state through the exercise of its police power. The employer's liability to his employees for personal injuries occurring in the course of their employment is discharged when he has paid the premium as provided by the act. The right of trial by jury is entirely elan inated in such cases, excepting the case where the employee is denied compensa tion of any kind, and in that case he may sue the board of administration created by the act and have his case tried before a jury as heretofore, but cannot sue his em ployer. No negligence is recognized except
ing willful negligence on the part of either. The compensation is paid in installments based upon a certain percentage—usually 50 to 60 per cent—of the impairment of wages caused by the injury. The act usually fixes the length of time that such compensation may run, and also a maximum and minimum total compensation. In the enactment of these statutes the state exercises its police power for the protection of the peace, safety and general welfare of the public.
The following states have by statute abro gated the fellow servant rule either general ly or in particular industries : Arkansas, Colorado, Florida, Georgia, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Dakota, Texas, Wisconsin.
In the following states the rule is modified : California, Mississippi, Maryland, Ohio, Ore gon, South Carolina, Utah, Virginia.
See MASTER AND SERVANT; NEGLIG,ENCE DEATH ; WORKMEN'S COMPENSATION ACTS.
Compensation Acts were passed by con gress May 30, 1908, March 4, 1911, and March 11, 1912, providing that artisans or laborers engaged in any of the government manufacturing establishments, arsenals or navy-yards, or in the construction of river and harbor or fortification work, or in haz ardous employment or construction work in the reclamation of arid lands or the manage ment or control of the same, or in hazard ous employment under the Isthmian Canal Commission, or in any hazardous work un der the Bureau of Mines or Forestry Service shall receive compensation from the govern ment for injuries sustained in the course of their employment, and if the employee should die by reason of such injury then his widow or children under sixteen, or a dependent parent shall be entitled to receive as compen sation the same pay for one year as if he continued to be employed, unless if only in jured he sooner be able to resume work.