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set of apparatus, artificial limbs, crutches and trusses to aid in the success of the treatment and to diminish the effects of the injury.
(b) If the period of disability lasts for more than one week, and such fact is determined by the physician or physicians, as provided in section 8, compensation beginning on the day the injured employee leaves work as a result of the accident, and as long as the disability lasts, or until the amount of compensation paid equals the amount payable as a death benefit.
(c) If the period of disability does not last more than one week from the day the injured employee leaves work as the result of the injury, no compensation shall be paid.
(d) In case after the injury has been received it shall appear upon medical examination as provided for by section 8, that the employee has been partially, though permanently incapacitated from pursuing his usual and customary line of employment, he shall receive compensation equal to one-half the difference between the average weekly wages which he earned before the accident, and the average weekly amount which he is earning, or is able to earn in some suitable employment or business after the accident, if such employment is secured; Provided, That where the injury shall be of a character set forth in the following scale, the employee shall receive compensation named:
(1) If the injury causes the immediate severing of, or necessitates the amputation of a hand or foot, at or above the wrist or ankle: one and one-half year's average wages, but in no event less than $750 nor more than $1,500.
(2) If the injury results in the total and irrecoverable loss of the sight of one eye: three-fourths of one year's wages, but not less than $375, nor more than $750. (e) In the case of complete
disability which renders the employee wholly and permanently incapable of work, compensation for the first eight years after the day the injury was received, equal to 50 per cent of his average weekly earnings, but not less than $5 por more than $10 per week. If complete disability continues after the expiration of the eight years, then a compensation during life, equal to 8 per cent of the death benefit which would have been payable had the accident resulted in death. Such compensation shall not be less than $10 per month and shall be payable monthly. In case death occurs before the total of the weekly payments equals the amount payable as a death benefit, as provided in section 5, article A (par. (a)], then in case the employee leaves any widow, child or children, or parents, or other lineal heirs, they shall be paid the difference between the compensation for death and the sum of the weekly payments, but in no case shall this sum be less than $—: Provided, That after compensation has been paid at the specified rates for a term of at least six months the employee shall have the option to demand a lump sum payment for the difference between the sum of the weekly payments received and the four years' compensation to which he was entitled when such permanent disability has been definitely determined. For the purpose of this section, the total and irrecoverable loss of the sight of both eyes, the loss of both feet at or above the ankle, the loss of both hands at or above the wrist, the loss of one hand and one foot,
an injury to the spine resulting in permanent paralysis of the legs or arms, and the fracture of the skull resulting in incurable imbecility or insanity, shall be considered complete disability. These specific cases of complete disability shall not, however, be construed as excluding other cases.
In fixing the amount of the disability payments, regard shall be had to any payment, allowance or benefit which the workman may have received from the employer during the period of his incapacity, except the expense of necessary medical or surgical treatment. In no event, except in case of complete disability as defined above, shall any weekly payment payable under the compensation plan herein provided exceed ten dollars per week, or extend over a period of more than six years from the date of the accident. In case an injured employee shall be mentally incompetent at the time when any right or privilege accrues to him under such plan, a conservator, or guardian of the incompetent, appointed pursuant to law, may, on behalf of such incompetent, claim and exercise any such right or privilege with the same force and effect as if the employee himself had been competent and had claimed or exercised any such right or privilege; and no limitations of time herein provided for shall run so long as said incompetent employee has no conservator or guardian.
Sec. 7. The basis for computing the compensation provided for in sections 5 and 6 shall be as follows:
(1) The compensation shall be computed on the basis of the annual earnings which the injured persons received as salary, wages or earnings in that employment during the year next preceding the injury.
(2) The annual earnings, if not otherwise determined, shall be regarded as three hundred times the average daily earnings in such computation; as to workmen in employments in which it is the custom to operate for a part of the whole number of
working days, such number shall be used instead of 300 as a basis for computing the annual earnings.
(3) If the injured person has not been engaged in the employment for a full year immediately preceding the accident, the compensation shall be computed according to the annual earnings which persons of the same class in the same or in neighboring employments of the same kind have earned during such period. And if this basis of computation is impossible, or should appear to be unreasonable, three hundred times the amount which the injured person earns on an average on those days when he was working during the year next preceding the accident shall be used as a basis for the computation.
(4) In the case of injured persons who earn either no wage or less than three hundred times the usual daily wage or earnings of the adult day laborers of that locality, the yearly wage shall be reckoned as three hundred times this average daily local wage.
(5) In computing the compensation to be paid to employees who, before the acci. dent were already disabled, and drawing compensation under the terms of this act, the additional compensation shall be apportioned according to the proportion of incapacity and the disability which existed before such accident or injury, and in apportioning such compensation the earnings prior to the first injury shall be considered in relation to the earnings prior and at the time of the injury for which compensation is being computed.
Sec. 8. Any employee entitled to receive weekly payments shall be required, if requested by the employer, to submit himself for examination by a duly qualified medical practitioner or surgeon provided and paid for by the employer, at a time and place reasonably convenient for the employee, as soon as practicable after the injury and also one week after the injury and thereafter at intervals not oftener than once in six weeks, which examination shall be for the purpose of determining the nature, extent and duration of the injury received by the employee, and for the purpose of adjusting the compensation which may be due the employee from time to time for disability according to the provisions of sections 5 and 6 of this act: Prorided, however, That such examination shall be made in the presence of a duly qualified medical practitioner or surgeon provided and paid for by the employee, if such employee so desires, and in the event of disagreement between said medical practitioners or surgeons as to the nature, extent or duration of said injury or disability, the judge of the probate court in Cook County and the county court in counties outside Cook County, in the county where the employee resided or was employed at the time of the injury, shall within six days after petition filed with such court for that purpose, select a third medical practitioner or surgeon and the majority report of such three physicians as to the nature, extent and probable duration of such injury or disability shall be used for the purpose of estimating the amount of compensation payable to such beneficiary under this act. If the employee refuses so to submit himself to examination or unnecessarily obstructs the same, his right to compensation.payments shall be tempo-. rarily suspended until such examination shall have taken place, and no compensation shall be payable under this act during such period.
Sec. 9. Any question of law or fact arising in regard to the application of this law in determining the compensation payable hereunder shall be determined either by agreement of the parties or by arbitration as herein provided. In case any such question arises which can not be settled by agreement, the employee and employer shall each select a disinterested party and the judge of the probate court in Cook County and of the county court in counties outside of Cook County shall appoint a third disinterested party, such persons to constitute a board of arbitrators for the purpose of hearing and determining all such disputed questions of law or fact arising in regard to the application of this law in determining the compensation payable hereunder, and it shall be the duty of both employer and employee to submit to such board of arbitrators not later than ten days after the selection and appointment of such arbitrators all facts or evidence which may be in their possession or under their control relating to the questions to be determined by said arbitrators; and said board of arbitrators shall hear all the evidence submitted by both parties and they shall have access to any books, papers or records of either the employer or the employee showing any facts which may be material to the questions before them, and they shall be empowered to visit the place or plant where the accident occurred, to direct the injured employee to be examined by a regular practicing physician or surgeon, and to do all other acts reasonably necessary for a proper investigation of all matters in dispute. A copy of the report of the arbitrators in each case shall be prepared and filed by them with the State bureau of labor statistics, and shall be binding upon both the employer and employee except for fraud and mistake.
Sec. 10. The term "employer,” as used in this act, shall be held to include any person, firm or private corporation transacting business in this State that has an employee in his or its service and that has elected according to sections 1 and 2 of this act to pay the compensation provided for by this act; and any principal contractor shall be held to be an employer and shall be liable to pay compensation for injuries to the employees of any subcontractor, whether first, second, or other subcontractor or [sic] engaged in, on or about the premises on which said principal contractor has engaged to perform any work in the same manner and to the same extent as those said employees had been immediately been (sic) employed by him. Any principal contractor liable to pay compensation under this section, may be indemnified by any subcontractor who would have been liable to pay compensation to such employees independent of the provisions of this section.
Sec. 11. The term "employee,” as used in this act, shall be held to include any person who has engaged to work or render any service for an employer under a contract of service or apprenticeship, whether by way of manual labor, clerical work or otherwise, and whether the contract is expressed or implied, oral or in writing, except that minors not legally permitted to work under the laws of this state, shall not be considered within the provisions of this act and minors not so excepted are, for the purposes of this act, to be considered the same and to have the like power of contracting as though they were of full age.
Sec. 12. Persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business are not included in the foregoing definition.
Sec. 13. Any persons entitled to payments under the compensation provisions of this act against any employer shall have the same preferential claim therefor against the property of the employer as is now allowed by law for a claim by such person against such employer for unpaid wages or personal services, such preference to prevail against wage claims of all other employees not entitled to compensation for injuries, and the payments due under such compensation provisions shall not be subject to attachment, or to levy, or execution and satisfaction of debts except to the same extent and in the same manner as wages or earnings for personal services are now subject to levy and execution under the laws of this state, and shall not be assignable. Any right to receive compensation hereunder shall be extinguished by the death of the person entitled thereto, subject to the provisions of this act relative to compensation for death received in the course of employment. No claim of any attorney at law for any contingent interest in any recovery for services in securing any recovery under this act shall be an enforceable lien thereon unless the amount of the same be approved in writing by a judge of a court of record, or in case the same is tried in any court, before the judge presiding at such trial.
Sec. 14. Any contract or agreement made by any employee or any other beneficiary of any claim under the provisions of this act, within seven days after the injury, with any employer or his agent or with any attorney at law with reference to the prosecution or settlement of such claim shall be presumed to be fraudulent.
Sec. 15. No such employee or beneficiary shall have power to waive any of the provisions of this act in regard to the amount of compensation which may be payable to such employee or beneficiary hereunder.
Sec. 16. No proceedings for compensation under this act shall be maintained unless notice of the accident has been given to the employer as soon as practicable after the happening thereof, and during such disability, and unless claim for compensation has been made within six months from the occurrence of the accident; or in case of the death of the employee or in the event of his physical or mental incapacity within six months after such death or removal of such physical or mental incapacity, or in the event that payments have been made under the provisions of this act within six months after such payments have ceased. No want or defect or inaccuracy of such notice shall be a bar to the maintenance of proceedings by the employee unless the employer proves that he is unduly prejudiced in such proceedings by such want, defect or inaccuracy. Notice of the accident shall, in substance, apprise the employer of the claim for compensation made by the employee and shall state the name and address of the employee injured, the approximate date and place of the accident, and in simple language the cause thereof, if known; which notice may be served personally or by registered letter addressed to the employer at his last known residence or place of business: Provided, That the failure on the part of any person entitled to such compensation to give such notice shall not relieve the employer from his liability for such compensation when the facts and circumstances of such accidents are known to such employer or his agent.
Sec. 17. The compensation herein provided shall be the measure of the responsibility which the employer has assumed for injuries or death that may occur to em-. ployees in his employment, and it shall not be in any way reduced by contributions from employees.
Sec. 18. The provisions of this act shall not be construed so as to disturb the organization of any existing mutual aid or benefit association or society to which the
employer contributes an amount sufficient to insure to the employee or other beneficiary the compensation herein provided, or to prevent the organization of any mutual benefit association or insurance company for the purpose of insuring the compensation herein provided and of paying additional accident or sick benefits for which the employee may contribute, providing such mutual aid or benefit associations or insurance companies comply with the laws of this State.
Sec. 19. Any person who shall become entitled to compensation under the provisions of this act shall, in the event of his inability to recover such compensation from the employer on account of his insolvency or other cause, be subrogated to all the rights of such employer against any insurance company or association which may have insured such employer against loss growing out of the compensation required by the provisions of this act to be paid by such employer, and in such case only a payment of the compensation that has accrued to the person entitled thereto in accordance with the provisions of this act shall relieve such insurance company from such liability.
Sec. 20. It shall be the duty of every employer within the provisions of this act to send to the secretary of the State bureau of labor statistics in writing an immediate report of all accidents or injuries arising out of or in the course of the employment and resulting in death; it shall also be the duty of every such employer to report between the 15th and 25th of each month to the secretary of the State bureau of labor statistics all accidents or injuries for which compensation has been paid in accordance with the scale of compensation provided for in this act, which accidents or injuries entail a loss to the employee of more than one week's time, and in case the injury results in permanent disability, such report shall be made as soon as it is determined that such permanent disability has resulted or will result from such injury; all such reports shall state the date of the injury, including the time of day or night, the nature of the employer's business, the age, sex, and conjugal condition of the injured person, the specific occupation of the injured person, the direct cause of injury, and the nature of the accident, the nature of the injury, the length of disability and, in case of death, the length of disability before death, the wages of the injured person, whether compensation has been paid to the injured person or to his legal representative or his heirs or next of kin, the amount of compensation paid, the amount paid for physician's, surgeon's and hospital bill and by whom paid, and the amount paid for funeral or burial expense, if known.
Sec. 21. The invalidity of any portion of this act shall in no way affect the validity of any other portion thereof which can be given effect without such invalid part.
MINNESOTA COMMISSION BILL. SECTION 1. The right to compensation and the remedy therefor, herein granted, shall be in lieu of all rights and remedies, now existing either at common law or by statute either upon the theory of negligence or otherwise, for the injuries covered by this code; and no other compensation, right of action, damages or liability shall hereafter be allowed to either the injured or dependents for such injuries, so long as this code shall remain in force, unless, and to the extent only that this code shall be specifically amended.
Sec. 2. Every industrial employment in which there occurs hereafter to any of the workmen personal injuries arising out of and in the course of such employment, is for the purposes of this code hereby declared a dangerous employment, and consequently subject to the provisions of this code and entitled to all the benefits thereof.
Sec. 3. Every employer of a workman engaged in such dangerous employment shall be subject to the provisions of this code, and shall pay compensation, according to the conditions, percentages of wages and other amounts herein named, to every such workman so injured in his employment, or, in case of death caused by such injuries, to the dependents as hereinafter defined and apportioned, for all personal injuries received by such workman arising out of and in the course of such employment and disabling such
workman from regular services in such employment, and not purposely self-inflicted unless to further the duties of his employment; but on the condition precedent that in case of dispute between the parties a substantial compliance with this code shall be made by such workman.
Sec. 4. No compensation shall be allowed for the first two weeks after injury received, except that covered by sections 5 and 6, nor in any case unless the employer has actual knowledge of the injury, or is notified within the period specified in section 14, or the workman relieved as provided in section 37.
Sec. 5. During the first two weeks after the injury, the employer shall in all cases furnish reasonable medical and hospital services and medicines, when needed, not to exceed one hundred dollars in value, unless the workman refuses to allow them to be furnished by the employer; provided the employer shall not be required to pay any other physician than his own for any of the medical services or expenses which he can reasonably furnish after the first aid to the injured and an opportunity of properly changing physicians is had, unless the employer knows of the necessity therefor, or is requested so to do and fails or refuses to provide the same promptly.
Sec. 6. In case the injury causes death within the period of five years, the reasonable funeral expenses not to exceed one hundred dollars shall be paid by the employer.
The board of arbitration may determine the amount that is reasonable and fair for medical, hospital and funeral expenses hereunder.
Sec. 7. In case the injury causes death within the period of five years, the compensation shall be in the amounts and to the persons following;
a. If there be no dependents, then the medical, hospital and funeral expenses, as provided in sections 5 and 6 hereof.
b. If there are wholly dependent persons at the time of the injury, then a payment of fifty per cent of the wage, to be made at reasonable intervals not longer than monthly, and to continue during dependency for the remainder of the period between the death and the end of the five years after the occurrence of the injury, but in no case to continue longer than five years after the injury or to amount to more than three thousand dollars on account of the compensation for the injury to that person.
c. If the deceased at the time of death leaves any persons who were partially dependent at the time of the injury they shall receive only that proportion of the benefits provided for those wholly dependent which the average amount of the wage contributed by the deceased to such partial dependent at, and for a reasonable time prior to, the time of the injury bore to the total wage of the deceased, during the same time.
d. The compensation granted by this code in case of death shall be paid to one of the following persons, if either wholly or partially dependent, who shall be entitled to receive such payments in the order in which they are named:
(1) Husband or wife, as the case may be; (2) guardian of children, (3) father, (4) mother, (5) sister, (6) brother.
Payment to a person subsequent in right shall be lawful and shall discharge all claim therefor if the person having the prior right has not claimed the payment within thirty days of the time it becomes due, and the employer does not know or by reasonable inquiry can not ascertain within a reasonable time where the payment can be made to the person prior in right.
e. The person to whom the payment is made shall apply the same to the use of the several beneficiaries according to their respective claims upon the decedent for support. In case any payee or employer is not certain as to the person to whom payment or distribution should be made, or as to the proportions thereof, and in case any beneficiary is not satisfied with the distribution thereof, application may be made to the board of arbitration to designate the person to whom payment shall be made and the apportionment thereof among the beneficiaries, and payment and distribution shall thereafter be made in accordance with the decision of the board, if the matter of proper dependents be in dispute or incapable of prompt determination, and the amount of compensation due is not disputed, the board may order the money to be paid over to it to be held for the proper dependents.
Sec. 8. In case of temporary or permanent total disability of the workman from the time the payment period begins until the end of the five-year period, or during any portion thereof, the compensation shall be fifty per cent of the first two thousand dollars of the annual wage during such disability; payment to be made at the intervals when such wage was payable as nearly as reasonably can be, but in no case to continue longer than five years from the injury, and not to include the time when the rule for payment upon death would operate.
Šec. 9. (a) In case of temporary or permanent partial disability, the workman shall receive fifty per cent of the necessary decrease on the first two thousand dollars of his annual wage during the continuance of such decrease, but not longer than five years in time from the injury and not to include the time when the rules of payment for death or total disability would operate.
(b) Whether the disability be partial or total, if the body be maimed or disfigured, the compensation shall be determined as nearly as may be as follows:
1. If there be such loss or disfigurement as amounts to, or is the equivalent of, a loss of as much as, or more than, both ears, eyes, hands or feet, or to one each of two or more thereof, then for such 'maiming or disfigurement forty per cent of the first two