VERMONT. Date of enactment.-April 1, 1915; in effect July 1, 1915; amended, Nos. 171, 173, 174, 175, acts of 1917. Injuries compensated.—Personal injury causing disability for more than seven days (14 days until July 1, 1918), or death within two years, arising out of and in course of employment, not due to the employee's willful intention to injure himself or another, his intoxication, or failure to use a safety appliance. Industries covered.-All industrial establishments in which more than 10 persons are employed, and commerce as far as permissible under Federal laws, domestic and casual labor excepted, unless election to the contrary is made. Public service under municipalities which elect compensation system. Persons compensated.-Private employment: All under contract with or in service of an employer, domestic and casual employees and those receiving more than $2,000 excepted. Public employees: All except those elected by popular vote or receiving in excess of $2,000 annually. Burden of payment.-All on employer. Compensation for death: (a) $100 for funeral expenses if death occurs within two years. (b) 33 per cent of weekly wages to dependent widow or widower, 40 per cent if there be one or two children, and 45 per cent if more than two; if no parent, 25 per cent to one or two children, 10 per cent additional for each child in excess of two, total not to exceed 40 per cent; if no consort or child under 18, and dependent parent, grandparent, or grandchild, 15 to 25 per cent of wages. (c) Payments to widow cease on death or remarriage; to widower on remarriage or cessation of dependency; to children on reaching age of 18 unless incapable of self-support, in no case to exceed 260 weeks or $3,500 in amount; payments to other classes of beneficiaries end in 208 weeks at most. Basic wages are not less than $5 weekly. Compensation for disability: (a) Medical and hospital services for first 14 days, not to exceed $100. (c) For partial disability, 50 per cent of wage decrease, maximum $10, (d) For certain specified injuries, 50 per cent of weekly wages, but not more than $10, for designated periods ranging from four to 170 weeks, following the period of total disability. Payments may be commuted to one or more lump sums in any case. Revision of benefits.-Awards may be reviewed on application at any time, but not oftener than once in six months. Insurance. Required unless deposit of security is made, or satisfactory proof of financial responsibility. Security of payments.-Employees may have direct recourse to insuring company; insolvency of employer does not release insurer; compensation rights are preferred claims. Settlement of disputes.-Disputes are determined by a commissioner of industries, with appeal to courts. VIRGINIA. Date of enactment.-March 21, 1918; in effect January 1, 1919. Injuries compensated.-Injuries caused by accident arising out of and in course of employment, not due to the injured person's willful misconduct, intoxication, or intention to injure himself or another, and causing disability for more than 14 days or death. Industries covered.-All employing regularly more than 10 persons, in absence of contrary election, domestic and farm labor and interstate commerce and intrastate common carriers using steam excepted. Persons compensated.-Private employment: All employees of employers under the act who do not themselves make a contrary election, except casual employees. Public employment: All employees. Burden of payment.-All on employer. Compensation for death: (a) Burial expenses not exceeding $100. (b) To persons wholly dependent a weekly payment equal to one-half the average weekly wages of the deceased; $10 maximum, $5 minimum. (c) If only partial dependents survive, such proportion of the above as (d) Payments may not extend beyond a period of 300 weeks, nor to Compensation for disability: (b) For total disability, one-half the weekly wages, not more than $10 nor less than $5 per week, for not more than 500 weeks, the total not to exceed $4,000. (c) For partial disability, one-half the wage loss, not more than $10 per week, for not more than 300 weeks; for specified injuries (loss of member or members) 50 per cent of the wages for fixed periods. Lump sums may be substituted for periodic payments in any case after 26 weeks on agreement of the parties and the approval of the industrial commission. Revision of benefits.-The industrial commission may review an award on its own motion before a judicial determination, or at any time on the application of a party in interest on the ground of a change in condition. The employee must submit himself to a medical examination at reasonable times and places, so long as he claims compensation. Insurance. Every employer coming under the act must insure in a stock or mutual company, or in a State fund, or furnish satisfactory proof of financial ability to make direct payment. Security of payments.-Claims are not assignable, and are exempt from claims of creditors; payments have the same preference as wage debts. Notice to the employer is notice to the insurer, and policies must inure directly to the benefit of the person entitled to compensation. Settlement of disputes.-Disputes are settled by the industrial commission, subject to limited appeal to courts. WASHINGTON. Date of enactment.-March 14, 1911; in effect October 1, 1911; amended, chapters 138, acts of 1913; 188, acts of 1915; 28, 120, acts of 1917. Injuries compensated.—Injuries causing disability for more than eight days, or death, except injuries brought about intentionally. Industries covered.-All extrahazardous employment, including work in mills, factories, and workshops where machinery is used, blast furnaces, mines, quarries, and wharves; engineering works; logging, lumbering, and shipbuilding; building trades; public utilities; State, county, and municipal undertakings involving extrahazardous work. Persons compensated.-Private employment: All employees in industries covered by the act; any working employer or salaried employee on the pay roll at a rate not greater than the average named in such pay roll. Public employment: All employees in industries covered by the act. Burden of payment.-The entire burden rests upon the employer, except as to the medical aid fund, to which the employee contributes one-half; or an approved relief fund may be maintained by joint action. Compensation for death: (a) Expenses of burial not to exceed $75. (b) To widow or invalid widower, a monthly payment of $20; to each child under 16, $5 per month, the total not to exceed $35 per month. (c) If no parent survives, a monthly payment of $10 to each child under 16 years of age, the total not to exceed $35 per month. (d) To other dependents, if none of the above survive, a monthly payment to each, during dependency, equal to 50 per cent of the average amount previously contributed to the dependent, the total not to exceed $20 per month. (c) To the parent or parents of an unmarried minor a monthly payment of $20 until the time he would have been 21. In case of dependence, payments to parents of minors are governed by (d). Payments to a widow or widower continue until death or remarriage, and to a child until reaching the age of 16 years. If a widow remarries, she receives a lump sum of $240. Compensation for disability: (a) Proper medical, etc., services and care during the period of disability, if temporary; if permanent, until awards are made. (b) For permanent total disability: (1) If unmarried, $20 per month; (2) if wife or invalid husband, but no child, $25 a month; if husband is not an invalid, $15; (3) if married, or a widow or widower with child or children under 16 years, $5 a month additional for each child, the total not to exceed $35; if constant attendance is required, $20 per month additional. (c) For temporary total disability, payments as for permanent total disability during disability, increased by 50 per cent for first six months, but in no case to exceed 60 per cent of monthly wages. (d) For temporary partial disability, the payment as for total disability continues in proportion to the loss of earning power, provided this shall exceed 5 per cent. (e) For specified permanent partial disabilities, lump sums ranging from $500 to $2,000, in lieu of other payments, other disabilities to be compensated proportionately; parents of an injured minor receive in addition 10 per cent of the award to such minor. No benefits are to be paid for the first 8 days unless the disability continues for more than 30 days. Monthly payments may be converted into a lump-sum payment, not over $4,000, in case of death or permanent total disability. Revision of benefits.-Revision may be had upon application of the beneficiary or upon the motion of the department. Insurance.-Insurance is required in a State accident fund. Security of payments.-Accident fund under State control. Settlement of disputes.-By industrial insurance department, whose decisions are subject to review by the superior court, from which appeal ies as in other civil cases. WEST VIRGINIA. Date of enactment.-February 22, 1913; in effect October 1, 1913; amended, February 20 and May 21, 1915. Injuries compensated.—All personal injuries not the result of willful misconduct or intoxication of the injured employee, or self-inflicted, causing incapacity for more than one week, or death. Industries covered.-All except domestic or agricultural labor, if the employer becomes a member of the State insurance fund. Persons compensated.-Private employment: All employees in industries covered, including aliens, except persons casually employed, and the officers of corporations. Public employment: No provision. Burden of payment.—Employer, 90 per cent; employees, 10 per cent. (a) Reasonable funeral expenses, not to exceed $75. (b) To the widow or invalid widower, $20 per month and $5 per month additional for each child under the age of legal employment, the total not to exceed $35 per month. (c) To orphan child or children, $10 each per month until the age of 15, total not to exceed $30 per month. (d) To other persons wholly dependent, if no widow, invalid widower, or child under the age of legal employment is left, 50 per cent of the average monthly support received from the deceased during the preceding year, not exceeding $20 per month, for six years. (e) If the deceased was a single minor, to a dependent parent, 50 per cent of the earnings, not to exceed $6 per week, until the time when he would have become 21. (f) If only partial dependents survive, a compensation computed as in (d), with the same maximum. Payments to a widow or widower cease on remarriage, and to children on reaching the age of 15 years. If widow or invalid widower remarry within two years of death of employee, he or she is to be paid 20 per cent of balance of 10 years' benefits. Compensation for disability: (a) Medical. nurse, and hospital services, not exceeding $150 ($300 in special cases). (b) For temporary partial disability, during such disability, 50 per cent of loss of his earning capacity, not more than $10 per week nor exceeding 26 weeks, except that for certain ununited fractures, etc., the period may be 52 weeks. (c) For permanent partial disability, 50 per cent of wages for periods varying with degree of disability (from 10 to 70 per cent), periods ranging from 30 to 210 weeks; from 70 to 85 per cent disability, 40 per cent of wages for life. (d) For permanent total disability (85 per cent or over), 50 per cent of the average weekly wages, during life. Lump-sum payments may be substituted for periodic payments in case of either injury or death. Payments under (c) and (d), $4 minimum, $8 maximum. Revision of benefits.-Awards may be modified at any time. Insurance.-Insurance is effected through a State fund under the control of the compensation commissioner, or employers of approved ability may carry own risks, giving bond for performance of requirements not less than those of the law. without contributions from their employees. Security of payments.-Payments may be made only to beneficiaries, and are exempt from claims of creditors or attachment or execution. Settlement of disputes.--Disputes are settled by the commissioner; limited appeal to the supreme court. WISCONSIN. Date of enactment.-May 3, 1911; in effect same date; amended, chapters 509, 707, 772, acts of 1913; 121, 241, 316, 369, 378, 462, acts of 1915; 624, 637, acts of 1917. Injuries compensated.-Personal injury by accident causing disability of at least one week, or death, while performing service growing out of and incidental to the employment, not intentionally self-inflicted. Industries covered.-All, if the employer elects; election presumed where there are three or more employees, except as to agriculture and railroads. Compulsory as to the State and its municipalities. Persons compensated.-Private employment: All employees except those not employed in the usual trade, business, or occupation of the employer, including aliens, in the absence of contrary election. Public employment: All employees of the State or its political subdivisions, officials excepted. Burden of payment.-Entire cost rests upon the employer. Compensation for death: (a) The reasonable expense of burial, not exceeding $100. (b) To persons wholly dependent, a sum equal to four years' earnings, but which when added to any prior compensation for permanent total disability shall not exceed six years' earnings. (c) If only partial dependents survive, a sum not to exceed four times the amount provided for their support during the preceding year. All payments are to be made in weekly installments equal to 65 per cent of the average weekly earnings. Dependence of children ceases at 18, unless physically or mentally incapacitated. Compensation for disability: (a) Medical, surgical, and hospital treatment for 90 days, and for such additional time as will in the judgment of the industrial commission lessen the period of compensation; artificial members are also to be supplied. (b) For total disability, 65 per cent of the average weekly earnings during such disability. (c) For partial disability, 65 per cent of loss of earning power. (d) For certain specified injuries (mutilations, etc.), a sum equal to 65 per cent of average weekly wages for fixed periods, ranging from 6 to 320 weeks, in lieu of other payments. (e) For serious permanent disfigurement, a lump sum may be allowed, not exceeding $750. Payments begin with the eighth day, but if disability continues for Lump-sum payments may be substituted at any time after six months Revision of benefits.-The commission may modify or change its order or award within 10 days if a mistake is discovered; or a review by the court may be had on appeal within 20 days. The commission may call for a medical examination at any time it deems necessary. Insurance.-Insurance in approved companies is required unless the employer gives proof of financial ability; but the liability of the employer may not be reduced by such insurance. Security of payments.-Claims for compensation are given the same preference as claims for labor, and are nonassignable and exempt from attachment or execution. The industrial commission may require security for payments of awards running six months or more. Settlement of disputes.-Disputes are settled by the industrial commission, subject to a limited review by the courts. |