BRITISH COLUMBIA. Date of enactment. June 21, 1902, in effect May 1, 1903. Injuries compensated. Injuries by accident arising out of and in the course of the employment which cause death or disable a workman for at least two weeks from earning full wages at the work at which he was employed, unless the injury is "attributable solely to the serious and willful misconduct or serious neglect" of the injured workman. Industries covered. Railways, factories, mines, quarries, engineering work, and buildings which exceed 40 feet in height and are being constructed or repaired by means of a scaffolding or being demolished or on which machinery driven by mechanical power is used for construction, repair, or demolition. Persons compensated. All persons engaged in manual labor or otherwise. Government employees. Act applies to civilian employees in the service of the Crown, to whom it would apply if the employer were a private person. Burden of payment. Entire cost of compensation rests upon employer. Compensation for death: (a) A sum equal to three years' earnings, but not less than $1,000 nor more than $1,500, to those wholly dependent on earnings of deceased. (b) A sum less than above amount if workman leaves persons partially dependent on his earnings, the amount to be agreed upon by the parties or to be fixed by arbitration. (c) Reasonable expenses of medical attendance and burial not exceeding $100, if deceased leaves no dependents. Compensation for disability: (a) A weekly payment during disability after second week, not exceeding 50 per cent of employee's average weekly earnings during the previous twelve months, such weekly payments not to exceed $10, and total liability not to exceed $1,500. (b) A weekly payment during partial disability after second week to be fixed with regard to the difference between employee's average weekly earnings before the accident and average weekly amount which he is earning or able to earn after the injury. (c) A lump sum may be substituted for the weekly payments, after six months, on the application of the employer, the amount to be settled, in default of agreement, by arbitration under the act. Revision of compensation. Weekly payments may be revised at request of either party. Insurance. Employers may contract with their employees for the substitution of a scheme of compensation, benefit, or insurance in place of the provisions of the act if the attorney-general certifies that the scheme is on the whole not less favorable to the general body of employees and their dependents than the provisions of the act. In such case the employer is liable only in accordance with this scheme. Security of payments. When an employer becomes liable under the act to pay compensation and is entitled to any sum from insurers on account of the amount due to a workman under such liability, then in the event of the employer becoming bankrupt, such workman has a first claim upon the amount so due, and a judge of the supreme court may direct the insurers to pay such sum into any chartered bank of Canada to be invested or applied to payment of compensation. Settlement of disputes. Disputes arising under the act are settled by arbitration of existing committees representative of employers and employees, or if either party objects, by a single arbitrator agreed upon by the parties, or, in the absence of agreement, by an arbitrator appointed by a judge of the supreme court. An arbitrator appointed by a judge of the supreme court has all the power of a judge of the supreme court. Questions of law may be submitted by the arbitrator for the decision of a judge of the supreme court. CAPE OF GOOD HOPE. Date of enactment. June 6, 1905, in effect September 1, 1905. Injuries compensated. All injuries to employees arising out of and in the course of the employment causing death or necessitating absence from work for more than three days and not being caused by or through the gross carelessness of the injured employee. Industries covered. Any trade, business, or public undertaking, on land or upon or within the territorial waters of the colony, except domestic, messenger, or errand service or employment in agriculture. Persons compensated. Employees, whether engaged in manual work or otherwise. Government employees. Act applies to civilian persons employed by or under the Crown to whom it would apply if employer were a private person. Burden of payment. Employer and every principal are jointly and severally liable for the compensations required under the act. Compensation for death. When death results from an injury for which a lump sum has not already been paid on account of permanent disability— (a) A lump sum not exceeding three years' wages of deceased, nor more than £400 ($1,946.60), to those wholly dependent upon the workman'searnings. (b) A lump sum not exceeding £200 ($973.30) to those partially dependent upon the workman's earnings; in the absence of persons totally depend-ent, the sum not to exceed the value of the support which they were receiving from the deceased, calculated for two years. (c) Temporary payments previously made not to be deducted from abovesums unless they have continued longer than three months. (d) Reasonable expenses of medical attendance and burial not exceeding £40 ($194.66) in case deceased leaves no dependents. Compensation for disability: (a) A sum not exceeding three years' wages, less any payments received under a provisional order of court, but not exceeding £600 ($2,919.90) in case of permanent total disability, and a smaller sum in proportion to loss of earning power and not exceeding £300 ($1,459.95) in case of permanent partial disability. (b) A payment made, by order of the local magistrate, at the same intervals as the customary wage payments, not exceeding 50 per cent of wages received at time of the injury, nor £2 ($9.73) per week if the injury causes temporary disability lasting more than three days. Revision of compensation. The provisional order may be set aside or altered by the magistrate, upon request of either party, if justified by a further examination of the injured person or by production of additional evidence. Insurance. Employers may insure in a company or association against personal injury to the workmen employed by them or in their behalf. If the employer contributes toward a benefit society of which the injured or deceased person is a member, allowance is made for such contribution by the court in its order or judgment fixing amount of compensation to be paid. Security of payments. When an employer or principal is adjudged or admits liability under the act and is entitled to any sum from any insurers on account of such liability, then, in the event the employer becomes insolvent, the worker or his dependents have a first claim upon such sum. Settlement of disputes. Compensation in cases of disability is fixed provision-ally for not more than six months by the local magistrate after receiving a physician's certificate of disability and holding an inquiry. No appeal can be taken from this preliminary order except against a finding on the question of gross carelessness and then only upon leave granted by the superior court. In case the injury results in death or permanent disability, the claimants have a right of action in the local magistrate's court for the amounts due under the law. In fixing the amount, the court is required in every case to have regard to the workman's or the dependent's necessities. 30649-Bull. 74-08-9 DENMARK. Date of enactment. January 7, 1898, in effect January 15, 1899; amended May 15, 1903. Injuries compensated. All injuries by accident occasioned by the trade or its conditions, and causing either death or disability lasting over thirteen weeks, unless brought on intentionally or through gross negligence of the victim. Industries covered. Practically all establishments in mining, quarrying, man.ufactures, building and engineering work, transportation, telephone and telegraph services, diving and salvage; establishments using mechanical power which makes them subject to factory inspection; other industrial establishments designated by the minister of interior. Persons compensated. All workmen in mechanical and technical departments, including those in supervisory capacity whose annual earnings do not exceed 2,400 crowns ($643.20). Government employees. Act applies to all employees of state and the communal governments in industries above indicated. Burden of payment. Entire burden of payment rests upon employer. (a) Funeral benefit of 50 crowns ($13.40). (b) A lump sum equal to four times annual earnings of deceased, but not over 3,200 crowns ($857.60) nor less than 1,200 crowns ($321.60), to-Widow whole amount, if she survives. Child whole amount, if it be the only heir. Children, according to decision of insurance council, when there is no widow. If neither widow nor children, insurance council decides whether and how far other heirs receive compensation. Compensation for disability: (a) From end of thirteenth week after accident until end of treatment, or until disability is declared permanent, a daily compensation of 60 per cent of earnings, but not less than 1 crown (27 cents) nor over 2 crowns (54 cents) for total disability, and a proportionate compensation for partial disability. (b) In case of permanent disability an indemnity of six times annual earnings, but not less than 1,800 crowns ($482.40) nor over 4,800 crowns ($1,286.40) for total permanent disability, and proportionate payments for partial permanent disability. (c) If employee suffering from permanent disability is a male between 30 and 55 years of age, he may demand purchase of an annuity. For men of other ages, or of unsound mind, or women and children, the insurance council may substitute an annuity. Revision of compensation. Determination of degree of permanent disability must be made as soon as possible after one year from date of injury. If this be not possible, a temporary determination may be made, but a redetermination may be demanded within two years following. Insurance. Employers may transfer obligation imposed by the law, by insuring their employees in authorized insurance companies or mutual employers' insurance associations. Security of payments. Where liability under the law has not been transferred by insurance, indemnity for disability is a preferred claim upon assets of employer. Settlement of disputes. Disputes concerning compensation, unless settled by mutual consent, must be referred to insurance council. Appeals may be had to the minister of interior. FINLAND. Date of enactment. December 5, 1895, in effect January 1, 1898. Injuries compensated. All injuries by accident during work, causing death or disability for more than six days, except when brought on intentionally or through gross negligence of victim, intentionally by any other person than the one charged with supervision of the work, or caused by some other occurrence utterly independent of the nature or conditions of work. Industries covered. Mines, quarries, metallurgical establishments, factories, sawmills, industrial establishments using mechanical power, construction of churches and buildings over one story high; construction and operation of water, gas, electric power plants, and operation of railroads. Persons compensated. All persons actually employed at work, but not those supervising only. Government employees. Act applies to employment on the state and communal construction works and state railways. Burden of payment. Entire burden of payment rests upon employer. Compensation for death. In addition to any prior payments on account of disability, pensions to dependent heirs, from day of death, not exceeding 40 per cent of annual earnings of deceased, to (a) Widow, 20 per cent, until death or remarriage; in latter case a final sum equal to two annual payments. (b) Each child until the age of 15 years, 10 per cent, if one parent survives, and 20 per cent if neither parent survives. (c) In computing pension, earnings of workman to be considered not over 720 marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual earnings. Compensation for disability: (a) A pension equal to 60 per cent of employee's earnings for total disability, or a pension proportionate to the degree of incapacity for partial disability, to be paid from day of recovery from illness due to injury, or after 120 days have elapsed since injury. (b) Pension may by mutual consent be replaced by single payment, if it does not exceed 20 marks ($3.86) annually: (c) In computing pension, earnings of workman to be considered not over 720 marks ($138.96) nor under 300 marks ($57.90); but no adult employee to receive a pension greater than his actual earnings. (d) In cases of temporary disability (including all cases of disability for 120 days after injury) daily compensation of 60 per cent of earnings, beginning with seventh day after accident, for complete temporary disability, and a proportionate compensation for partial disability; but not more than 2.50 marks (48 cents) per diem. (e) Until recovery, injured employee may be given treatment in a hospital in lieu of other compensation; during such treatment his wife and children get a compensation equal to pension in case of death. Revision of compensation. Demands for revision of compensation may be made by either party before proper court. Insurance. Employers are required to transfer the burden of payment of compensation to a governmental insurance office, private insurance company, mutual employers' insurance association, or approved foreign insurance company, unless unable to obtain such insurance or released from this obligation on presentation of satisfactory guarantees. Security of payments. When exempted from the duty of insuring his employees, or unable to obtain insurance, the employer must guarantee payment of pension to the injured workman or his family by arrangement with a private insurance company. Settlement of disputes. In case of absence of insurance or dissatisfaction with decision of insurance company, injured employee or his dependent may carry the case into the inferior court of the locality. ་་ FRANCE in efect July 1, 1899; amendatory and 2 Mară 31, 1905, April 12, 1906, and July arus 28 sæcident to workmen or salaried emice censing death or disability for five or meros y dy the victim. If due to inexcusable Samsonsttion may by a court order be decreased „Ker, earnings of victim. -pdos, factories, workshops, shipyards, transporThe warehouses, mining and quarrying, manuservaitural and other work using mechanical seers: other industries on request of both pastien and salaried employees. gees to state, departmental, and communal dastries enumerated above. * cost ef compensation falls upon employer. pea v ploding 100 francs ($19.30). onke, Reirs not exceeding 60 per cent of annual wages Ser cent until death or remarriage, in which latter go to three annual payments. vers of age if one parent survives-15 per cent if d: 25 per cent if there are two children; 35 per Free children; 40 per cent if there are four or more woes to years of age if neither parent survives, 20 per cent. aspxovt 30 per cent. SA vona v Pasitical or surgical treatment. disabled, a pension of 663 per cent of annual wages for and of one-half loss of earning capacity for partial it demanded, one-fourth the capital value of pension in version to be reduced accordingly. wy disabled, an allowance of 50 per cent of daily wages, with with day, and including Sundays and holidays, unless sts more than ten days, when payments become due from Wago exceed 2,400 franes ($463.20), only one-fourth of the Af pensions of not over 100 francs ($19.30) per annum may, vasation. Revision of compensation because of aggravation disability of victim may be made within three years. Paployers may transfer burden of payment of compensation to al aid, accident Insurance, or guaranty associations, or in case wational accident insurance or national old-age pension funds. ments. The State guarantees against loss of pension payments ftly ency of employers or insurance organizations, and is reimvial tax on employers within scope of the act. For temporary youts, medicines and medical or surgical attendance, and funeral tim, his creditors, or representatives have a preferred claim on employer. A disputes. Disputes as to pensions or involving more than 300 may be carried into higher civil courts. Judgment of local nl in other cases. |