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2. In employers' compulsory mutual associations, controlled by

the State:

a. Organized on territorial lines.

(1) Luxemburg, one institution, for all industries.

(2) Hungary, two institutions-one for Hungary and one for Croatia-Slavonia, including all industries.

(3) Austria, seven institutions, the whole country being divided into seven districts for all industries, in addition to which there are separate institutions for railroads and mining.

(4) Russia.

b. Organized on industry lines.

(1) Germany, 66 industrial institutions, each covering the entire country for one group of industries, except that some industries have several associations, each covering a specified area; in addition there are 48 agricultural institutions.

(2) Greece, where the law applies to mines, quarries, and metallurgical establishments only, has a special miners' fund.

B. Compulsory insurance with choice of insurance institution.

1. Private companies or mutual associations with State institutions competing:

a. Italy has the National Industrial Accident Insurance Institution; except that for navigation and for the Sicilian sulphur mines, compulsory mutual associations have been created by special legislation.

b. Netherlands has the Royal Insurance Bank. The employers may insure in private insurance companies or may be permitted to carry their own insurance, but all compensation is paid by the Royal Insurance Bank, which deals with the employer or insurance company.

2. Private companies or mutual associations without State institution competing:

Finland, except that for seamen a special compulsory employers' mutual association under strict Government control has been established by special law.

II. VOLUNTARY INSURANCE.

A. Private companies or mutual associations with State institution competing.

1. Sweden, with State Insurance Institute.

2. France, with National Accident Insurance Fund, which, how

ever, is not permitted to provide against temporary disability. Compulsory insurance is provided for seamen in a special Government institution.

B. Private companies or mutual associations without State competition.

1. Belgium, while the law specifies that the National Retirement Fund must provide accident insurance, this provision of the law has never been put into operation.

2. Denmark, where insurance is voluntary, except that the law requires compulsory insurance of seamen, either in mutual associations or in insurance companies, and where a State institution exists for voluntary insurance of fishermen and seamen not covered by the compulsory law.

3. Great Britain and the British colonies.

4. Spain.

Wherever there is compulsory insurance in prescribed institutions controlled by the State, there is of course no question as to the security of payments. Such is the case in Norway, where a Government bureau provides the insurance, and in Switzerland, where the National Accident Insurance Fund is maintained by the Confederation. In Germany, Austria, Hungary, Luxemburg, the Netherlands, and Russia the law either specifically states or implies the guarantee of the solvency of the institutions providing the insurance. In Netherlands the injured workman is protected by the equivalent of insurance in the Royal Insurance Bank, irrespective of the institution in which the employer carries the insurance; the uninsured employer and the private insurance companies are required to give satisfactory guarantees to the Royal Insurance Bank. In Greece the payments are guaranteed by the national miners' fund.

The second method of State guarantee is by a special national fund, from which the compensation is paid in cases of insolvency, either of the employer or of the insurance carrier. The sources of revenue of these funds show considerable differences. In Italy, notwithstanding the system of compulsory insurance, a fund has been organized under the supervision of the Government Bank of Deposits and Loans, supported by fines for noncompliance with requirement to insure, or other fines, and by the compensation due in fatal cases but not paid because of absence of survivors. In France the guarantee fund is managed by the National Old Age Retirement Fund and is supported by special taxes upon all employers covered by the act, but this fund guarantees pension payments only, while compensation for temporary disability is secured by a preferred claim on the assets of the employer. In Belgium the guarantee fund is managed by the National Retirement Fund and is supported by a tax levied only upon those employers who do not carry insurance.

Where no State guaranty exists guaranties must be exacted from insurance companies or from the individual employer. Wherever insurance is either voluntary or there is a choice of insur

ance institutions, the Government protects the insured employee by requiring the insurance company to maintain proper reserves or to make guarantee deposits with the Government, or by both methods combined.

In the case of uninsured employees, their interests are usually protected by giving them a preferred claim upon the assets of the employer. In certain countries, where there is no compulsory insurance, the employer is not permitted to carry the liability for continuous payment of pensions in cases of death or permanent disability, but must provide for such payments through insurance institutions.

In Belgium both reserves and guarantee deposits are exacted; in addition, the capitalized value of pensions must be deposited in the National Retirement Fund. There is, therefore, no necessity for giving the injured employee a preferred claim on the assets of the employer.

Finland requires the payment of the capitalized value of the pension to an insurance company in cases where no insurance has been taken. The guarantee of the pension payments of the uninsured employer is limited to a preferred claim upon his assets in case of insolvency in the following countries: Denmark, Great Britain, Sweden, and the British colonies.

In Spain both reserves and deposits are required from insurance carriers, but in case of uninsured employers no special provision is made in case of insolvency.

ANALYSIS OF PRINCIPAL FEATURES OF THE LAWS.

Compensation laws have been enacted in 41 foreign countries, and are summarized in the following pages. The law of New Brunswick, covering compensation for industrial accidents, is not here included because, while very much broader than the former laws of negligence, it is still an employers' liability law rather than a workmen's compensation law.

ALBERTA.

Date of enactment. March 5, 1908; in effect January 1, 1909.

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. Compensation is not paid when injury is due to serious and willful misconduct of the workman, unless the injury results in death or permanent disablement.

Industries covered. Railways, factories, mines, quarries, engineering work, construction, repair and demolition of buildings, either over 30 feet in height, or with the use of mechanical power.

Persons compensated. Any person employed in manual labor, and other employees whose remuneration does not exceed $1,200 a year.

Government employees. Government employees are covered by this act if employed in establishments or undertakings to which the law applies.

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

(a) To those entirely dependent on earnings of deceased, a sum equal to three years' earnings, but not less than $1,000, nor more than $1,800.

(b) To those partially dependent on earnings of deceased, a sum less than above amount, to be agreed upon by the parties or fixed by arbitration.

(c) Temporary payments previously made to be deducted from the above

amounts.

(d) If deceased leaves no dependents, reasonable expenses of medical attendance and burial, but not to exceed $200.

Compensation for disability. (1) A weekly payment of not more than 50 per cent of employee's weekly earnings, but not exceeding $10 a week, for employees 21 years and over, or earning $10 a week and over; (2) 100 per cent of employee's earnings, but not exceeding $7.50 a week for employees under 21 years of age and earning less than $10. For partial disability, such weekly payment "as may appear proper" 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, but not to exceed the amount of that difference.

A lump sum may be substituted for the weekly payments after six months, on the application of the employer, the amount to be settled by agreement or by the courts. Revision of compensation. Weekly payments may be revised at request of either party.

Insurance. Employers may make contracts with employees for 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 not less favorable to the workmen and their dependents than the provisions of the act, and that a majority of the workmen are favorable to the substitute. The employers are then liable only in accordance with the provisions of the scheme.

Security of payments. In case of employer's bankruptcy, the amount of compensation due under this act, up to $500 in any individual case, is classed as a preferred claim, or when an employer has entered into a contract with insurers in respect of any liability under the act to any workman, such rights of the employer, in case he becomes bankrupt, are transferred to and vested in the workman.

Settlement of disputes. (33) Disputes arising under the act are settled by arbitration, either by an arbitration committee representing employer and employees, or by an arbitrator, or, in absence of agreement, by the court. The attorney general may confer upon such arbitration committee any or all of the powers of courts in connection with the act.

AUSTRIA.

Date of enactment. Dec. 28, 1887; in effect Nov. 1, 1889. Amendatory and supplementary acts, Mar. 30, 1888, Apr. 4 and July 28, 1889, Jan. 17, 1890, Dec. 30, 1891, Sept. 17, 1892, July 20, 1894, July 12, 1902, Aug. 9, 1908, Feb. 8, 1909, Apr. 29, 1912, and Feb. 11, 1913.

Injuries compensated. All injuries causing death, or disability for more than three days received in the course of employment, unless caused intentionally.

Industries covered. Mining, quarrying, stonecutting, manufacturing, building trades, railways, transportation on inland waters, storage, theaters, chimney sweeping, street cleaning, building, cleaning, sewer cleaning, dredging, well digging, structural iron working, etc.; agricultural and forestry establishments using machinery; operating motor vehicles, when not training for or taking part in racing; marine navigation and fishing on the high seas.

Persons compensated. All workmen and technical officials regularly employed, but in agriculture and forestry only employees exposed to machinery.

Government employees. Act applies to Government employees unless an equal or more favorable compensation is provided by other laws.

Burden of payment. Medical and surgical treatment for twenty weeks and compensation for four weeks of disability paid by sick funds, to which employers contribute one-third and employees two-thirds. Compensation for disability after fourth week, and for death, paid by territorial insurance associations, to which employees contribute 10 per cent and employers 90 per cent. In marine navigation and fishing on the high seas the entire burden is on the employer.

Compensation for death.

(a) Funeral expenses not to exceed 25 florins ($10.15).

(b) Pensions to members of family, not to exceed 50 per cent of earnings of deceased, to

Widow, 20 per cent until death or remarriage; in the latter case a lump sum equal to three annual payments; to dependent widower, 20 per cent during disability.

Each legitimate child, 15 years of age or under, 15 per cent when one parent survives and 20 per cent when neither survives; to each illegitimate child, 15 years of age or under, 10 per cent; pensions of widow (or widower) and children reduced proportionately if they aggregate over 50 per cent.

(c) When pensions to above heirs do not reach 50 per cent, dependent heirs in ascending line receive pensions, not to exceed 20 per cent of earnings of deceased, parents taking precedence over grandparents.

(d) In computing pensions, the excess of the annual earnings over 1.200 florins ($487.20) is not considered.

Compensation for disability.

(a) Medical and surgical attendance for 20 weeks, paid by sick benefit fund. (b) For total temporary or permanent disability, 60 per cent of average daily wages of insured workmen in the locality, paid by sick benefit funds, from first to twenty-eighth day; and 60 per cent of average annual earnings of injured persons, after twenty-eighth day, paid by territorial accident insurance institutions.

(c) For partial, temporary, or permanent disability, benefits consist of a portion of above allowance, but may not exceed 50 per cent of average annual earnings.

(d) In computing payments, the excess of annual earnings over 1,200 florins ($487.20) is not considered.

Revision of compensation. Reconsideration of the case may be undertaken by the insurance association of its own will, or upon petition.

Insurance. Payments are met by mutual insurance associations of employers in which all employees are required to be insured. The country is divided into districts, with a separate association for each district.

Security of payments. Operations of the insurance associations are conducted under the supervision of the minister of interior, who may increase the assessments.

Settlement of disputes. Disputes are settled by arbitration courts composed of a judicial officer appointed by the minister of justice, two experts appointed by the minister of the interior, and one representative each of the employers and the employees.

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