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Show H i ' " I g' I Workman s Compensation Act Unanimously Passed By the Legislature . . . -j I A Technical Measure Tliat Should Be Studied Law in Effect July 1 ' Every Employer of Four or More Persons Must Provide Insurance. EMPLOYER MUST DECIDE BEFORE JULY 1ST, 191?S : (1) Make an arrangement with his employes, subject I to the approval of the Commission, for compensation and 1 benefits not less than provided by law. M (2) Carry his own insurance, by agreement with the 1 Commission; (3) Join the organization of a mutual; a (4) Insure with the State, or ("there being no re- sponslbllity on the part of the State beyond the $40,000 appropriations and assessments collected.") 1 (5) Insure with stock companies authorized to do bus- 1 Iness in the state. I SUMMARY. I The Utah "Workman's Compensation Lair, effectivo 1 July first, provides that "every person, firm or private i (corporation, including every public utility, that has in service FOUR or more "workmen or operatives regularly in the same business, or In or about the same establish- I ment under any contract of hire, express or Implied, oral f i or written, except agricultural laborers and domestic i (servants" are compelled to come under the act and to pay j j for "injuries by accident arising out of and in the course $ I of employment," according to a fixed schedule of pay- l ments i "Employers who have In service less than four em- i I ployes shall have tho right to como under the terms" J of the act. "The State and each county, city, town and school j district therein" are included. When injuries occur In the course of employment, ? the employer: I (1) Must provide medical, nurse and hospital services r , up to $200 (covered by insurance, if carried); (2) In case of death, must pay funeral expenses up a to S15Q (also covered by insurance if carried); - (3) In case of temporary total disability, must pay the employe "55 per cent of his average weekly wages" a while totally disabled; not more than $12 nor less than fi $7 per week, and for not more than G years nor more than $4,500 (but see below when total disability is peril per-il manent) : jj (4) In case of partial disability, must pay "55 per ! cent of the difference between his average weekly wages !j before the accident and the weekly wage he Is most prob- - ably able to earn thereafter, but not more than $12 a week and for a period not to exceed 6 years, beginning j on the 11th day of disability. i (5) In case of dismemberment, must pav "55 per cent j of the average wage, but not more than $12 to be paid ; i weekly" for period extending from 3 to 200 weeks, ac- cording to the part of tlio body lost. (Maximum, $4,500.) 1 (6) In caBe of permanent total disability, must pay H "55 per cent of average weekly wage for 5 years from H datc'of Injury, and thereafter 40 per cent of such aver- M ago weekly wage UNTIL DEATH maximum, $15; mini 1 mum, $5 per week. "Loss of both hands or both arms, H or both feet, or both legs, or both eyes, or of any two 1 thereof, shall constitute total and permanent disability;" I "(7) In case tho injury causes death within 3 years: I (a) If there bo no dependents, must pay burial 1 expenses as abovo noted and $750 into tho state 1 fund. 1 (b) If there be wholly dependents, must pay H "55 per cent of the average weekly wages" maxl- mum, $15 per week, for not more than 6 years, nor 1 more than $4,500 nor Icbs than $2,000. i (c) If there be partly dependents, must pay "55 i per cent of the average weekly wage" for such per- j iod as the Industrial commission may determine I maximum $15 per week, for not more than 6 years nor more than $4,500. j The "waiting period" before payments begin is ten days, but the injured employe is entitled to the njedical, j nurse and hospital services mentioned above. In death cases, the dependents may elect to sue at law or accept n compensation under this Act. The Constitution of Utah m insures them that right. If dependents recover judgment a at law, the commission will order the insurance carrier to pay the samo up to tho amount allowed by this act 1 Employers 'must insure and keep Injured these pay- w ments to their employes: (1) By insuring in the state fund, or (2) By insuring with any stock corporation or mu- ,-, tual association doing business in the state, or (3) By furnishing proof to the Industrial Commis- & sion of financial ability to pay his employes direct and ra must pay an annual tax to the state "of the same per N centum as required by law to be paid by insurance com- ja panies." This tax is now 1 1-2 per cent on their prem- iums. The Commission may require the deposit of ac- R ceptable security, Indemnity or bond to secure payment fa of compensation liabilities as they are incurred, or l Subject to the approval of the Commission, any em- g ployer may enter into or continue any agreement with I his employes to provide a substitute system of com- 1 pensation benefit or insurance. (Continued on Next Page) i III I T T TT-i ii 1 1 .III IU TTTT-r, TTT-l-iJ.I J ' In I nTI 2 Workman's Compensation Act Passes I (Continued from Preceding Pago) ' Employers who comply with the provIflion3 of Sec s3 of this Act (relating to Inauranco and Just above fluoted) final1 not bo 1,:ible to ronpond In damages for jjjjurics BUBtainod by their omployes not resulting In Any employer who violates any provision of the Act shall bo fined not less than $50 nor more than $1,000 for tho first offense, and not less than $100 nor more than $5,000 for each subsequent offense." And every jay constitutes "a separate and distinct" offense. A penalty pen-alty of $500 Is fixed for false statement of payroll and an additional fine of ten times any saving on premium Hereby sccurecL If any employer fails to Insuro his employes and death results from any Injury in tho course of employment, proof of Injury "shall constitute prima facio evidence of neglige"" on tho parL o tho employer" and he shall be dcaied the defenso of tho "fellow-servant rule," tho "assumption "as-sumption of risk" or "contributory negligence." The commission is given tho right to fix tho amount of compensation com-pensation to be paid in a given case; to add 50 per cent s fl penalty, and tako judgment against tho employer for the wholo amount for tho benefit of tho employe or any dependents. If default is made In payment, tho ggfl amount nxcci ay me commission draws 12 per cent. Tho &fl attorney general is to bo furnished monthly the names H of all defaulting employers, with authority to suo them am for the premiums due. B "Employees" include malo and femalo operatives. Any employe has tho right to go to tho District court of his county to vacate any order of the Commission, with right of appeal to the Supreme court, except, however, that orders for payments due Injured employes aro final agalnst tho employer. Employes, however, arc given the HI right to appeal from orders disallowing compensation. j Tho Supremo court may mandamus tho commission, and H either court may stay or suspend an order of the commls-I commls-I flon pending trial, upon the employer filing a bond. Ac-H Ac-H tions under this act take precedence over all but election I and public utilities cases. Employers are required o make annual statements M mder oath in January of each year showing: (1) Number of employes during preceding year; M (2) Number of employes in each kind of employment; 9 and (3) Scale of wages paid to each clasB of employment with minimum and maximum wago paid, and the aggregate aggre-gate amount of wages paid to all employes. This statomont should probably lncludo salaries paid to executives. That will bo decided by the commission. This statement ha9 nothing to do with insurance or premiums pre-miums for Insurance unless purchased from the state fund. Employos are Included whether tho contract of hire bo made In or out of the state or tho injury incurred In or out of tho state. Books, records and payrolls reflecting or showing amounts of wages are subject to Inspection of tho commission, com-mission, with fine of $100 for eadh refusal to submit to Inspection. Employers must furnish safe places of employment, adopt safety devices as ordered by tho commission, and submit to Inspections when requested. A fine of not to exceed $5,000 for failure or refusal, with each day a separate sep-arate offense, Is. provided, with right of appeal to court. ENFORCEMENT. Administration of tho law is secured through "Tho Industrial Commission of Utah," composed of three members: mem-bers: Mr. Preston A. Thatcher of Logan, Chairman, a financier; Mr. W. M. Knerr of Salt Lako, representing labor, and Mr. Harrison E. Jenkins of Salt Lako, an Insurance In-surance man. The commissioners draw a salary of $4,000 a year each and expenses. The commission Is empowered: To administer and enforco laws; to adopt system of schedule rating: to classify employers; to classify employments; to compel attendanco of witnesses; to compel production of documents, docu-ments, etc.; to compute payments; to collect and publish statistical information; to compromise claims; to delegate dele-gate its power; to designate special prosecutors; to fix amounts of payment; to fix claims against all employers; to fix medical expenses and funeral expenses for carrlor; to fix rates of premiums; to grant hearing on any orders; to Invest surplus and reserves; to mako contracts of Insurance; In-surance; to order repairs; to ordor safety appliances installed; in-stalled; to publish rules and orders; to rearrange classifications; classi-fications; to request aid of Attorney General, District Attorney At-torney and County Attorney; to settlo disputes; to standardize stand-ardize safety devices; to substltuto Its orders; to suo In its official name, and to supervise places of employment |