Book Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... introductory. Except as to employment in farm labor and domestic service, the Roseberry Employers' Liability Act, which went into effect September 1, 1911, has been superseded by the so-called Boynton Workmen's Compensation Act, which takes effect January 1, 1914. The new act is a broad measure relating to compensation, insurance and industrial safety. It establishes an Industrial Accident Commission, to be composed of three members, to administer its compensation features, to maintain a mutual insurance fund and to administer its provisions relative to safety. The new act applies to all employments, including the State and all its governmental agencies, and all private employments in the ordinary course of the trade, business, profession or occupation of the employer, except farm labor, domestic service and casual employment. The Roseberry Act of 1911 is not repealed; and employments in farm labor and domestic service therefore continue to be covered by that act. The compensation liability defined by the new act is intended to be compulsory, but the intention is not very clearly expressed. The compensation remedy is exclusive, except where there is gross negligence or wilful misconduct on the part of the employer. Compensation is payable for eve, ry injury caused by accident arising out of and in the course of employment, unless due to intoxication or wilful misconduct, and is payable generally on a sixty-five per cent basis, with fixed maximum and minimum limitations, and for varying periods of time, depending upon the nature of the disability. Insurance is optional, but compensation insurance is subjected to many regulations. Every policy must provide that the insurer shall be directly liable to the employee, that notice to the insured..