resenting something like $900,000,000 the amount paid out in compensation amounted to $3,496,876. This included medical aid. The number of employees among whom injuries occurred were nearly two million. Twenty-one per cent represents the part of the above amount that was paid out for medical aid. The Nebraska Act is intended to leave the choice of the physician to the employer or the insurance company. In actual practice the choice is frequently left to the employer. The law presupposes that the employer is more competent to select a good physician; that the employer or insurance company being required to stand for the costs should have this right; that the employer is entitled to the supervision of such matters; that this arrangement will insure against malingering. Our personal experience has been that equally good results are obtained no matter whether the employer or the employee chooses the physician. There are other parts of this law which we have not touched upon, but the main provisions have been reviewed. While there may be places in the law that might be improved, yet taking it as a whole it is as good as the best of such laws that have been enacted in this country and much better than most of them. Herewith is appended the Workmens Compensation Law of Ne braska. PART III Workmen's Compensation Law "Accidents not only result in needless suffering and disability to the workman, but hamper the industry. A workman in a hazardous industry should familiarize himself with the way in which he might do his work and receive injury-and then do it some other way. In other words, reduce the hazards of the business to the minimum." "Watch Your Step-A few simple precautions cause less bother than an administrator." "It is better to be careful a thousand times than to be crippled once." WORKMEN'S COMPENSATION LAW OF NEBRASKA As Amended by the Legislature of 1917. PART I. Compensation by Action at Law-Modification of Remedies. 3642....Sec. 92. When personal injury is caused to an employee by accident arising out of and in the course of his employment, of which the actual or lawful imputed negligence of the employer is the natural and proximate cause, he shall receive compensation therefore from his employer, provided the employee was himself not wilfully negligent at the time of receiving such injury, and the question of whether the employee was wilfully negligent shall be one of fact to be submitted to the jury, subject to the usual powers of the court over verdicts rendered contrary to the evidence, or to law. (1913 p. 579.) Action-Employee for Injuries-Defenses Not Allowed. 3643 Sec. 93. In all cases brought under Part I of this article it shall not be a defense (a) that the employee was negligent, unless and except it shall also appear that such negligence was wilful, or that the employee was in a state of intoxication; (b) that the injury was caused by the negligence of a fellow employee; (c) that the employee had assumed the risks inherent in, or incidental to, or arising from the failure of the employer to provide and maintain safe premises and suitable appliances, which grounds of defense are hereby abolished, except as provided in the second next following section. (1913 p. 579.) Defenses-When Not Available. 3644 Sec. 94. If an employer, subject to the provisions of this article as shown in section 97 of this chapter, elects not to come under Part II hereof, he loses the right to interpose the three defenses above stated in any action brought against him for personal injury or death of an employee. (1913 p. 579.) Same-When Available. 3645 Sec. 95. If an employer becomes subject to Part II of this article. and the employee does not, then the defenses existing under the laws for Nebraska, other than the provisions of this article, at the time of the personal injury or death of the employee shall be available to the employer in any action brought by the employee or his dependents for personal injury or death. (1913 p. 579.) Application of Preceding Sections. 3646 Sec. 96. The provisions of the four next preceding sec tions shall apply to any claim for the death of an employee arising under sections 164 and 165 of chapter 17 and sections 127, 128 and 129 of chapter 67 of the Revised Statutes of Nebraska, 1913, and the acts or parts of acts amendatory thereof, concerning death by wrongful act. (1913 p. 580.) Provisions of Article to Whom Applicable. 3647 Sec. 97. (1) The provisions of this act shall apply to the State of Nebraska and every governmental agency created by it, and to every employer in this state employing one or more employees, in the regular trade, business, profession or vocation of such employer. (2) The following are declared not to be hazardous occupations and not within the provisions of this act; employers of household domestic servants and employers of farm laborers. Railroad companies engaged in interstate or foreign commerce are declared subject to the powers of Congress and not within the provisions of this act. (3) Any employer not included in the preceding paragraphs of this section and the employees of such employers may, by their joint election, filed with the Compensation Commissioner, accept the provisions of Part II of this act, and such acceptance shall subject them to the said provisions of Part II hereof to all intents and purposes as if they had been originally included in the terms of Subdivision I of this section: Provided, however, that either such employer or workmen (prior to accident) shall have the right to waive such election to come under Part II hereof, the procedure being the same as indicated in Subdivisions (a) and (b) of section 103 of this chapter. (As amended 1917, p. 199.) Wilful Negligence-Burden of Proof. 3648 Sec. 98. In all actions at law brought pursuant to Part I of this article the burden of proof to establish wilful negligence of the injured employee shall be on the defendant. (1913 p. 590.) Legal Services-Disbursements-Claims For. 3649 Sec. 99. No claim or agreement for legal services or disbursements in support of any demand made or suit brought under the provisions of this article shall be an enforceable lien against the amounts to be paid as damages or compensation or be valid or binding in any other respect, unless the same be approved in writing by the judge presiding at the trial, or in case of settlement without trial, by the judge of the District court of the districts in which such issue arose. After such approval, if notice in writing be given the defendant of such claim or agreement for legal services and disbursements, the same shall be a lien against any amount thereafter to be paid as damages or compensation: Provided, however, where the employee's compensation is payable by the employer in periodical installments, the court shall fix, at the time of approval, the proportion of each installment to be paid on account of legal services and disbursements. (1913 p. 581.) PART II. A. Elective Compensation. Schedule of Compensation Binding. 3650 Sec. 100. If both employer and employee become subject to Part II of this article, both shall be bound by the schedule of compensation herein provided, which compensation shall be paid in every case of injury or death caused by accident arising out of and in the course of employment, except accidents caused by, or resulting in any degree from wilful negligence, as hereinafter defined, of the employee. (1913 p. 581.) Compensation Without Regard to Negligence. 3651 Sec. 101. When employer and employee shall by agreement, express or implied, or otherwise as hereinafter provided, accept the provisions of Part II of this article, compensation shall be made for personal injuries to or for the death of such employee by accident arising out of and in the course of his employment, without regard to the negligence of the employer, according to the schedule hereinafter provided, in all cases except when the injury or death is caused by wilful negligence on the part of the employee; and the burden of proof of such fact shall be upon the employer. (1913 p. 581.) Other Methods of Compensation Barred. 3652 Sec. 102. 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 article, and an acceptance of all the provisions of Part II of this article, and shall bind the employee 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 representatives of a deceased employer, and those conducting the business of the employer during bankruptcy or insolvency. (1913 p. 582.) Method of Election. 3653 Sec. 103. In the occupations described in Section 97 hereof, and all contracts of employment made after the taking effect of this act shall be presumed to have been made with reference, and subject to the provisions of Part II hereof unless otherwise expressly stated in the contract, or unless written or printed notice has been given by either party to the other, as hereinafter provided, that he does not accept the provisions of Part II. Every such employer and every employee is presumed to accept and come under Part II hereof, unless prior to accident he shall signify his election not to accept or be bound by the provisions of Part II. This election not to accept Part II shall be by notice as follows: (a) The employer shall post and thereafter keep continuously posted in a conspicuous place about the place or places where his workmen are employed a written or printed notice of his election not to be bound by Part II hereof, and shall file a duplicate thereof with the Compensation Commissioner. (b) The employee shall give written or printed notice to the employer of his election not to be bound by Part II and shall file a duplicate with proof of service attached thereto with the Compensation Commissioner. (As amended 1917, p. 199.) Waving Election. 3654 Sec. 104. An employer who has given notice of his election not to accept or be bound by the provisions of Part II hereof, may waive such election at any time, by posting about the place or places where his workmen are employed a written or printed notice setting forth a withdrawal of his previous election not to be bound by the provisions of Part II. A duplicate of such notice with proof of such posting attached thereto shall be filed with the Compensation Commissioner. An employee who has given written or printed notice to his employer that he elects not to be subject to the provisions of Part II, hereof, may waive such election at any time prior to the happening of an accident resulting in personal injuries to said employee, by a notice in writing directed to the employer and served upon the employer or his agent. A duplicate of such notice with proof of service attached thereto shall be filed with the Compensation Commissioner. The waivers referred to in this section shall not become effective until noon of the fifth day after filing the required notice with the Compensation Commissioner. (As a mended 1917, p. 200.) |