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BELGIUM.

Date of enactment. December 24, 1903; in effect July 1, 1905.

Injuries compensated. All injuries by accident to employees in the course of and by reason of the execution of the labor contract, causing death, or disability for over one week, unless intentionally brought on by the person injured.

Industries covered. Practically all establishments in mining, quarrying, forestry work, manufacturing, building and engineering work, transportation, and telephone and telegraph services; establishments using mechanical motive power; industrial establishments employing five or more persons; agricultural and commercial establishments employing three or more persons; industries designated by royal decree as dangerous. Other industries at option of employer.

Persons compensated. Workmen and apprentices, and salaried employees exposed to the same risks as workmen whose annual salaries do not exceed 2,400 francs ($463.20). Government employees. Act covers employees of any public establishment engaged in industries enumerated above.

Burden of payment. Entire cost of compensation rests upon employer.
Compensation for death.

(a) Funeral benefit of 75 francs ($14.48).

(b) A sum representing value of an annuity of 30 per cent of annual earnings of deceased, calculated upon basis of his age at death, to be distributed toDependent widow or widower, whole amount if no other heirs, four-fifths if one child under 16 years of age or one or more dependent heirs, three-fifths if two or more children.

Children under 16 years of age, the residue.

Dependent heirs in ascending line and descending line under 16 years of age, in absence of widow or widower or children under 16 years of age. Dependent brothers and sisters under 16 years of age in absence of heirs above enumerated.

(c) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of 365 francs ($70.45) or less, are based upon those amounts, respectively. (d) Payments to widow and heirs in ascending line are converted into life pensions, those to other heirs into pensions expiring at age of 16 years. Heirs may require one-third of capital value of life pensions to be paid in cash and pension reduced accordingly.

Compensation for disability.

(a) Expense of medical and surgical treatment for not over six months.

(b) If totally disabled, an allowance of 50 per cent of daily wages, beginning with day after accident.

(c) If partially disabled, an allowance of 50 per cent of loss of earning power, beginning with day after accident.

(d) If after three years disability is permanent, temporary allowance is replaced by life annuity. Victim may require one-third of capital value of pension to be paid in cash and pension reduced accordingly.

(e) Allowances in case of annual wages of 2,400 francs ($463.20) or more, or of 365 francs ($70.45) or less, are based upon these amounts, respectively. Revision of compensation. Revision of compensation because of aggravation or diminution of disability, or death of victim, may be made within three years.

Insurance. Employers may transfer burden of payment of compensation to establishment funds or approved insurance companies or to general savings and retirement fund. They may also transfer burden of payment of temporary allowances to mutual aid societies.

Security of payments. Employers who have not relieved themselves of liability by insurance must make deposits of cash or securities or give real-estate mortgages to secure pension payments. To secure temporary disability payments of uninsured employers a state guaranty fund is maintained by a tax levied upon such employers. Settlement of disputes. The local justice of the peace has sole jurisdiction as a court of first resort over disputes arising under the act, and his judgment is final in all cases involving 300 francs ($57.90) or less.

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 "attribut able 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.

BULGARIA.

According to the act of March 7, 1909, certain industrial undertakings (i. e., those enjoying certain advantages conferred by this act) are bound to provide a special fund for the insurance of their workpeople against accidents or to insure them with one of the insurance companies of this country. The manner of providing such funds is to be fixed by the minister of commerce and agriculture. The workpeople also contribute to the fund by means of deductions from their wages.

CAPE OF GOOD HOPE.

Date of enactment. June 6, 1905; in effect September 1, 1905; amended August 31,

1906.

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's earnings. (b) A lump sum not exceeding £200 ($973.30) to those partially dependent upon the workman's earnings; in the absence of persons totally dependent, 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 above sums 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 provisionally 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.

DENMARK.

Date of enactment. January 7, 1898; in effect January 15, 1899; amended May 15, 1903; May 27, 1908. Sickness insurance, April 12, 1892.1

2

Injuries compensated. All injuries by accident occasioned by the trade or its conditions, and causing either death or disability lasting over 13 weeks, unless brought on intentionally or through gross negligence of the victim.

Industries covered. Practically all establishments in mining, quarrying, manufactures, building and engineering work, transportation, telephone and telegraph services, diving and salvage, establishments using mechanical power which makes them subject to factory inspection, agriculture, dairying, forestry, and horticulture, provided the estate has a value of 6,000 crowns ($1,608) or over; other industrial establishments designated by the minister of the 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); 1,500 crowns ($402) in agriculture, etc.

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, except in agriculture, etc., where one-half is paid from the public treasury.

Compensation for death.

(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 2 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.

A scale of compensation differing from industrial occupations is provided for agricultural, etc., accidents.

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.

1 Foreign workmen are covered by a special law of Apr. 1, 1912; seamen by act of 1905; fishermen by act of 1908. Voluntary sickness insurance law, Apr. 12, 1892, provides benefits for first 13 weeks for accidents causing disability.

30597°-Bull. 126-14- -10

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