Imagini ale paginilor
PDF
ePub

Michigan

MICHIGAN

Section 4 of Part I of the Act provides:

"Any employer who has elected, with the approval of the industrial accident board hereinafter created, to pay compensation as hereinafter provided, shall not be subject to the provisions of section one; nor shall such employer be subject to any other liability whatsoever, save as herein provided for the death of or personal injury to any employé, for which death or injury compensation is recoverable under this act, except as to employés who have elected in the manner hereinafter provided not to become subject to the provisions of this act." Part I, § 4.

If the employer has joined the State Insurance Fund and is in default in the payment of any "contribution, premium or assessment" the employé may elect, after the accident, whether to sue the employer for damages or claim compensation from the Fund. If he claims compensation his right of action against the Employer is assigned to the State for the benefit of the Accident Fund. Part V, § 5. In such an action the employer is deprived of the common-law defenses. Part V, § 5.

When the injury is due to the Act of a third person the employé "may at his option proceed either at law against that person to recover damages, or against the employer for compensation under this Act, but not against both, and if compensation be paid under this Act the employer may enforce for his benefit or for that of the insurance company carrying such risk, or the Commissioner of Insurance, as the case may be, the liability of such other person." Part III, § 15. The Act does not contain any provision that in case the employer recovers more than the compensation payable that the balance shall be paid to the employé.

Nebraska

MINNESOTA

When both employer and employé have adopted the compensation principle the sole remedy against the employer is a claim for compensation. Part II, § 10. If the injury is caused by a third person the employé may elect whether to claim damages from such third person or compensation from his employer, but he cannot claim both. Part II, § 33.

NEBRASKA

If both employer and employé have elected to adopt the compensation feature of the statute the sole remedy of the employé is a claim for compensation. Part II, § 11.

"Part II, § 11. Such agreement or the election hereinafter provided for shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereof than as provided in Part II of this act, and an acceptance of all the provisions of Part II of this Act, and shall bind the employé himself, and for compensation for his death shall bind his legal representatives, his widow and next of kin, as well as the employer and the legal representative of a deceased employer, and those conducting the business of the employer during bankruptcy or insolvency."

Where a third person is liable for the injury or death, the employer shall be subrogated to the right of the employé, or to the dependents, and the recovery by such employer shall not be limited to the amount payable as compensation to such employé, or dependents, but such employer may recover any amount which such employé, or his dependents, would have been entitled to have recovered. Any recovery by the employer against such third person in excess of the compensation paid by the employer, after deducting the expenses of making such recovery, shall be paid forthwith to the employé, or to the dependents, and shall be

*

[ocr errors][merged small]

Nevada

treated as an advance payment by the employer on account of any future instalments of compensation. § 18.

There does not appear to be any provision of the statute specifically allowing a workman to sue a third person who is liable for the injury, instead of claiming compensation from the employer. Apparently if the workman, or his dependent, should sue the third person who is liable for the injury or death, it might be considered an election on the part of the employé to claim damages in lieu of compensation.

"Part III, § 49. (Employer-how released from claim.) If any employé, or his dependents in case of death, of any employer subject to the provisions of Part II of this Act files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account of personal injury, or makes any agreement, or submits any question to the court under Part II of this Act, such action shall constitute a release to such employer of all claims or demands at law, if any, arising from such injury."

NEVADA

Where employers and employés are both under the compensation feature of the Act the right to compensation is the exclusive remedy of the employé. § 3 (a).

Where the injury is caused under circumstances which create a legal liability in some other person than the employer "the employé or beneficiary may take proceedings against that person to recover damages, but the amount of the compensation to which he is entitled under this act shall be reduced by the amount of the damages recovered." § 7 (a). "If the employé or beneficiary in such case receives compensation under this Act, the Nevada Industrial Commission by whom the compensation was paid, shall be entitled to indemnity from the person so liable to pay damages as aforesaid, and shall be subrogated to the rights of the employé to recover therefor." §7 (b).

Nevada

If the employer is in default in any payment to the accident fund and an injury happens to any workman during the period of default the injured workman or dependent of a workman who was killed, may bring an action against the employer under the same terms that he could have brought such action prior to the passage of the Compensation Act. In case the actual recovery in such a suit exceeds the compensation to which the plaintiff would have been entitled, the plaintiff shall not be paid anything out of the accident fund. If the amount collected is less than the compensation under the act the accident fund must contribute the deficiency. § 37.

The provisions of the Act to which reference is made above are as follows:

"§ 3, (a). The rights and remedies provided in this Act for an employé on account of an injury shall be exclusive of all other rights and remedies of such employé, his personal or legal representatives, dependents or next of kin, at common law or otherwise on account of such injury; * * *”

"§ 5. Where the employer and employé elect to reject the terms, conditions and provisions of this Act, the liability of the employer shall be the same as though the employé had not rejected the terms, conditions and provisions thereof.

"§ 37. If any employer shall default in any payment to the accident fund hereinbefore in this Act required, the sum due shall be collected by action at law in the name of the Nevada Industrial Commission as plaintiff, and such right of action shall be in addition to any other right of action or remedy. In respect to any injury happening to any of his workmen during the period of any default in the payment of any premium under section 6, the defaulting employer shall not, if such default be after demand for payment, be entitled to the benefits of this Act, but shall be liable to suit by the injured workman (or the husband, wife, child or dependent of such workman in case death result from the accident) as he would have been prior to the passage of this Act. In case the recovery actually collected in such suit shall equal or

New Hampshire

exceed the compensation to which the plaintiff therein would be entitled under this Act, the plaintiff shall not be paid anything out of the accident fund; if the said amount shall be less than such compensation under this Act, the accident fund shall contribute the amount of the deficiency. The person so entitled under the provisions of this section to sue shall have the choice (to be exercised before suit) of proceedings by suit or taking under this Act. If such person shall take under this Act, the cause of action against the employer shall be assigned to the Nevada Industrial Commission for the benefit of the accident fund. In any suit brought upon such cause of action the measure of liability shall be as provided in section 1, subdivision "C"-1, 2, 3, and 4—of this Act. Any such cause of action assigned to the Nevada Industrial Commission 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."

"§ 40. The State of Nevada shall not be liable for the payment of any compensation under this Act, save and except from the said State Insurance Fund, to be derived from the payment of premiums as provided in this Act."

NEW HAMPSHIRE

The workman or his dependents has the right to elect, after the injury, whether to take under the statute or under the common-law. §4. An election to sue at common law bars any right to claim under the statute. § 4. If, however, an employer has complied with § 3 of the act, by satisfying the Commissioner of Labor of his financial liability to comply with its provisions, or has filed a bond with the Commissioner of Labor, conditioned on the discharge by such employer of all liability incurred under the Act, and the employé elects to sue instead of taking compensation, the common-law defense of assumption of risk, as provided in § 2, is still open to the employer.

« ÎnapoiContinuă »