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any person, body of persons, corporate or otherwise, and the legal personal representatives of a deceased employer, all while engaged in this state in any extra hazardous work.
Workman means every person in this state, who, after September 30, 1911, is engaged in the employment of an employer carrying on or conducting any of the industries scheduled or classified in section 4, whether by way of manual labor or otherwise, and whether upon the premises or at the plant or, he being in the course of his employment, away from the plant of his employer: Provided, however, That if the injury to a workman occuring away from the plant of his employer is due to the negligence or wrong of another not in the same employ, the injured workman, or if death result from the injury, his widow, children, or dependents, as the case may be, shall elect whether to take under this act or seek a remedy against such other, such election to be in advance of any suit under this section ; and if he take under this act, the cause of action against such other shall be assigned to the state for the benefit of the accident fund ; if the other choice is made, the accident fund shall contribute only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated by this act for such case. Any such cause of action assigned to the state may be prosecuted, or compromised by the department, in its discretion. Any compromise by the workman of any such suit, which would leave a deficiency to be made good out of the accident fund, may be made only with the written approval of the department.
Any individual employer or any member or officer of any corporate employer who shall be carried upon the pay roll at a salary or wage not less than the average salary or wage named in such pay roll and who shall be injured, shall be entitled to the benefit of this act as and under the same circumstances as and subject to the same obligations as a workman.
Dependent means any of the following named relatives of a workman whose death results from any injury and who leaves surviving no widow, widower, or child under the age of sixteen years, viz.: invalid child over the age of sixteen years, daughter, between sixteen and eighteen years of age, , father, mother, grandfather, grandmother, step-father, step-mother, grandson, granddaughter, step-son, stepdaughter, brother, sister, half-sister, half-brother, niece, nephew, who, at the time of the accident, are dependent, in whole or in part, for their support upon the earnings of the workman. Except where otherwise provided by treaty, aliens, other than father or mother, not residing within the United States at the time of the accident, are not included.
Beneficiary means a husband, wife, child or dependent of a workman, in whom shall vest a right to receive payment under this act.
Invalid means one who is physically or mentally incapacitated from earning:
The word “child,” as used in this act, includes a posthumous child, a child legally adopted prior to the injury, and an illegitimate child legitimated prior to the injury.
The words injury or injured, as used in this act, refer only to an injury resulting from some fortuitous event as distinguished from the contraction of disease.
Sec. 4. Schedule of Contribution.
Insomuch as industry should bear the greater portion of the burden of the cost of its accidents, each employer shall, prior to January 15th of each year, pay into the state treasury, in accordance with the following schedule, a sum equal to a percentage of his total pay roll for that year, to-wit: (the same being deemed the most accurate method of equitable distribution of burden in proportion to relative hazard):
and canals (other than irrigation without blasting);
Iron, or steel frame structures or parts of structures... .080 Electric light or power plants or systems; telegraph or tel
ephone systems; pile driving; steam railroads.... .050 Steeples, towers or grain elevators, not metal framed; dry
docks without excavation; jetties; breakwaters; chimneys; marine railways; waterworks or systems; electric railways with rock work or blasting; blasting; erecting fireproof doors. or shutters....
.050 Steam heating plants; tanks, water towers or windmills, not metal frames.
.040 Shaft sinking
.060 Concrete buildings; freight or passenger elevators; fire
proofing of buildings; galvanized iron or tin works; gas works, or systems; marble, stone or brick work; road making with blasting; roof work; safe moving; slate work; outside plumbing work; metal smokestacks or chimneys
.050 Excavations not otherwise specified; blast furnaces..
.040 Street or other grading; cable or electric street railways
without blasting; advertising signs; ornamental metal work in buildings..
.035 Ship or boat building or wrecking with scaffolds; floating docks
.045 Carpenter work not otherwise specified...
.035 Installation of steam boilers or engines; placing wire in con
duits; installing dynamos; putting up belts for machinery; marble, stone or tile setting, inside work; mantle setting; metal ceiling work; millor ship wrighting; painting of buildings or structures; installation of automatic sprinklers; ship or boat rigging; concrete laying in floors, foundations or street paving; asphalt laying; covering steam pipes or boilers; installation of machinery not otherwise specified.....
.030 Drilling wells; installing electrical apparatus or fire alarm
systems in buildings; house heating or ventilating systems; glass setting; building hot houses; lathing; paper hanging; plastering; inside plumbing; wooden stair building; road making.....
.020 OPERATION (INCLUDING REPAIR WORK) OF (All combinations of material take the higher rate when not otherwise provided). Logging railroads; railroads; dredges; interurban electric
railroads using third rail system; dry or floating docks. .050 Electric light or power plants; interurban electric railroads not using third rail system; quarries..
.040 Street railways, all employees; telegraph or telephone sys
tems; stone crushing; blasting furnaces; smelters; coal mines; gas works; steamboats; tugs; ferries..
Mines, other than coal; steam heating or power plants....
mills; garbage works....
FACTORIES USING POWER-DRIVEN MACHINERY.
Stamping tin or metal. ...
.045 Bridge work; railroad car or locomotive making or repair
ing; cooperage; logging with or without machinery; saw mills; shingle mills; staves; veneer; box; lath; packing cases; sash, door or blinds; barrel; keg; pail; basket; tub; wooden ware or wooden fibre ware; rolling mills; making steam shovels or dredges; tanks; water towers; asphalt; building material not otherwise specified; fertilizer; cement; stone with or without machinery; kindling wood; masts and spars with or without machinery; canneries, metal stamping extra; creosoting works; pile treating works..
.025 Excelsior; iron, steel, copper, zinc, brass or lead articles
or wares not otherwise specified; working in wood not otherwise specified; hardware; tile; brick; terra cotta; fire clay; pottery; earthenware; porcelain ware; peat fuel; brickettes
.020 Breweries; bottling works; boiler works; foundries; machine shops not otherwise specified...
.020 Cordage; working in food stuffs, including oils, fruits and
vegetables; working in wool, cloth, leather, paper,
broom, brush, rubber or textiles not otherwise specified. .015 Making jewelry, soap, tallow, lard, grease, condensed milk. .015 Creameries; printing; electrotyping; photo-engraving; engraving; lithographing ....
MISCELLANEOUS WORK. Stevedoring; longshoring
.030 Operating stock yards, with or without railroad entry; packing houses
.025 Wharf operation; artificial ice, refrigerating or cold storage
plants; tanneries; electric systems not otherwise specified .020 Theater stage employes...
.015 Fire works manufacturing..
.050 Powder works
The application of this act as between employers and workmen shall date from and include the first day of October, 1911. The payment for 1911 shall be made prior to the day last named, and shall be preliminarily collected upon the pay roll of the last preceding three months of operation. At the end of each year an adjustment of accounts shall be made upon the basis of the actual pay roll. Any shortage shall be made good on or before February 1st, following. Every employer who shall enter into business at any intermediate day shall make his payment for the initial year or portion thereof before commencing operation ; its amount shall be calculated upon his estimated pay roll, an adjustment shall be made on or before February 1st of the following year in the manner above provided.
For the purpose of such payments accounts shall be kept with each industry in accordance with the classification herein provided and no class shall be liable for the depletion of the accident fund from accidents happening in any other class. Each class shall meet and be liable for the the accidents occurring in such class. There shall be collected from each class as an initial payment into the accident fund as above specified on or before the 1st day of October, 1911, one-fourth of the premium of the next succeeding year, and one-twelfth thereof at the close of each month after December, 1911: Provided, Any class having sufficient funds credited to its account at the end of the first three months or any month thereafter, to meet the requirements of the accident fund, that class shall not be called upon for such month. In case of accidents occurring in such class after lapsed payment or payments said class shall pay the said lapsed or deferred payments commencing at the first lapsed payment, as may be necessary to meet such requirements of the accident fund.
The fund thereby created shall be termed the "accident fund” which shall be devoted exclusively to the purpose specified for it in this act.
In that the intent is that the fund created under this section shall ultimately become neither more or less than selfsupporting, exclusive of the expense of administration, the rates in this section named are subject to future adjustment by the legislature, and the classifications to re