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Americ4n Association for labor Legislation/ 6 ..&gt;~,,_.
GENERAL OFFICERS

Pue., ucmi
~,

Pre1idc11J, JOSEPH P. CHAMBERLAIN
Vice Presidents:

N

J. DOUGLAS BROWN

JOHN R. COMMONS
LILLIAN D. WALD
SAM A. LEWISOHN
THOMAS KENNEDY
EI\NBST G. DRAPER THOMAS I. PARKINSON
WESLEY C. l&gt;UTCHELL
JOHN A. RYAN
JOHN G. WIN.ANT
Secretary, JOHN B. ANDREWS

T reawrer, EUSTACE SELIGMAN
Associate Secretary, IRENE OSGOOD ANDREWS
Research Auistant, GEORGE H. TRAFTON

WALTER GELLHORN

r the
GENERAL \vELFARE

American Labor Legislation Review

and the
President, Treasurer, and Secretary
Telephone, GRamercy 5-2589-2590

Daa.r Member:
You will be glad to kno~ our 32nd Annual Meeting at
Detroit ~as one of the most successful in years. Interest 9
~ith attendance of 1500, was exce~tional . It has given ou~
uork a new impetus for the important year ahead.

Michael M. Davis{ Ill.
Paul A. Dodd, Ca .
Mnry E. Dreier, N, Y.

Our Mid-year Meeting is set for Buffalo, June 18~24 0
uith the big National Com rence of Social Wi:rrk .
l=i,

Our quarterly Review - now in press - uill cont ain
notable features not elsewhere available.
The President 0 s message t o Congress on t he national
health program finally opens t he way fo r renewed action on that
part of our leaislative program.
•
With mor e t han 40 legis l a tur es in s ession 9 we als o
need your cooperation now on a wide range of pr oblems:
Mine safety - Silicosis res earch - Labor law
enforcement - Workmen's compensation Unemployment compensation amendments - Health
i nsurance - Occupational dis ease compensation
These involve voluminous correspondence, preparation of memor anda, legislative drafting, public hearings .

~-t~f"p~~•

Jd• M. Tarbell, N. Y.
F. W. Taussig, Mass.
G. W. Thompson, N. Y.
M:irr van K!eeck, N. Y.
T. A. Wilson, N. C.
}tobert J. Watt, D. C.
Jldwin ll. Witte, Wis.
Verne A. Zimmer, D . C.
and the officers

JAMES MARSHALL
SPENCER l&gt;ULLER, JR.
ORDWAY TEAD

January 28P 1939

Mrs. Geori;c Backer, N. Y.
Elizabeth Brandeis, Wis.
Robert Bruen,, D. C.
Cho.des C. Burlingham, N. Y.
Charlotte Carr, Ill.
Willinm L. Chenery. N . Y.
Irene Syh•cster Chubb, Mo.
Elizoheth A. Cooley, Fla.

Belle Sherwin, D. C.
Mrs. M•ry Simkhovitch, N. Y.
Edwin S. Smith, D. C.
George Soule, N. Y.

CARTER GOODRICH
GEORGE M. HARRISON

PAUL J. KE RN
CLARENCE A. KULP

131 East 23rd Street, New York City

GENERAL ADVISORY
COUNCIL
Grnce Abbott. Ill.
Arthur J. Altmeyer, D . C.

Mrs. Lucius Enstman, N. Y.
Homer Folks N. Y .
Richard Fondiller, N . Y.
Wnlter Frank, N. Y.
Lloyd K. Garrison, Wis.
Mary Barnett Gilson, Ill.
Jose!'hine Goldmark, N. Y.
l'ranl.: P. Graham, N. C.
William Haber, Mich.
Helen Hall, N. Y.
Alice Hamilton, Conn.
Walton H. Hamilton, Conn.
J. ]. Hnndley, Wis.
Frank E. Hering, Ind.
Sidney Hillman, N. Y.
William Hodson, N. Y.
Harry L. Hopkins, D. C.
John A. Kingsbury, N. Y.
Mrs. Florence Lamont, N. J.
John A. Lopp, lll.
Murri1' W. I.otimer, D. C.
~~•~is
N. Y.
John L. lewis, D. C.
Samuel McC. Lindsay, N. Y.
David A. McCabe, N . J .
James L. McDevitr, Pa.
le,fur Magnusson, D. C.
Otto T. Mallery, Pa.
Frieda S. Miller! N. Y.
H. A. Millis, II .
Mrs. Douglas Moffat, N. Y.
Tom Moore, Canada
Vincent J. Murphy, N. J.
John O'Grady, D. C.
Frances Perkins, D . C.
John A. Phillips, Pa.
Mrs. Willard Pope, .Mich.
Roscoe Pound, Mass.
Paul Raushenbush, Wis.
Donald Richberg, D. C.
William Gorham Rice, Wis.
Josephine Roche, Col.
Norman .McL. Rogers, Canada
W. A. Rooksbery, /uK.
Bem:ird J. Rothwell, Mnss.

EXEdi.;;~ _ ...MARY ANDERSON

{

I

The enclos ed now print is the 17t h edition of our
Workmen's Compensation Standards pamphlet. It notes progress.
We need other new material to meet requests f rom legislators
and administrative officialsp as ~ell as from private organizations and members.
We uish to thank all who have already sent contr ibutions for 1939, and to urge those \'lho have not yet responded to
our .January memorandum to send as generous a check as possible .
now. It will save us added expenses and enaoura~e us great£\y~. ~ .
,.,.
'l, 9
rtr· 2 -·
Faithfully you~8 0

Organized in 1906-Eodorsed by National Information Bureau, Incorpornted

�Standards for W o:rlkmenj s
Compensation laws

AMERICAN ASSOCIATION FOR
LABOR LEGISLATION
I 3 I East 23rd Street, New York City

�ANNOUNCEMENT
.

Worlonen's Compensation

C

.

,

omm1ttee

American Association for Labor Legislatio n

}OSEPI-I P. C HAM BERLAIN

P rofessor of Public Law, Columbia University.
R ICHARD Fo N DILLER

Consulting Actuary, New York City.
LEON ARD \ V. HATCH

Forme r Membe r, New York State Industrial Board.
A DRIA N V .

s. LAMBERT

Chai rman, Committee on 1Iedical-Compe nsati on Problems.

D. B. ROBERTSON
President, Brotherhood of Locomotive Firemen an d
Engi nemen.
VER N E A. Z IM MER

Director, Division of Standards, U. S. Department of
Labor.
?- L\ RSFI ALL DA W~ON

Compensation E xpert, U. S. Bureau of Labor Statistics.
GERA LD H. B RO W N

Assistant Deput y Minister of Labor, Canada.
B ERNARD ] . R OTH WELL

President, Bay State ::..rilling Company, and fo rmerly
President, Boston Chamber of Commerce.

T. A. \ V JLSOX
;\{ember, North Carolina Industrial Commission, and
formerly President, N. C. Federation of Labor.
}OHN B . A NDREW S

Secretary, American Association for Labor Legislation. Author, "Labor Laws in Action."

The seventeenth edition of this pamphlet
once more records substantial gains in t he
field of workmen's compensation. Notable
progress has been made in extending laws
to protect more workers, in reducing waiting periods, in raising the weekly maximum
limits of compensation, and in liberalizing
the allowance for medical care.
From the very beginning of workmen's
compensation legislation in America, the
Association for Labor Legislation took an
active part. It analyzed and published upto-date reviews of legislation. It assisted in
the creation of official commissions and
helped to bring them together in national
meetings. It organized the first American
conferences on Occupational Diseases and
on Social Insurance. It assisted with information, urged well-tested improvements,
and pointed out obvious short-comings in
projected bills.
Since April, 1911, when the first general
state compensation law to go into effect and
stay in effect was enacted, the movement has
spread from state to state, and the federal
government now protects its million civilian employees by a model measure drafted
by this Association and embodying substantially the standards here set forth, as does
also the Longshoremen's Act and the District of Columbia law prepared under its
auspices.
In extending the legislation to the two remaining states and to interstate commerce
employees, and in perfecting the laws which
already exist, it is hoped that these standards may help to point the way toward
that desirable uniformity in legislation
which shall deal liberally with the injured
workman and his dependents, fairly with
the employer, and justly with the state.
JoHN B. ANDREWS, Secretary,

American Association for Labor Legislation.

�STAND ARDS FOR WORKMEN'S
COMPENSATION LAWS
Recommended by the

AMERICAN ASSOCIATION FOR LABOR
LEGISLATION

In the opinion of the American Association- for Labor Legislation the following
features are essential to satisfactory workmen's compensation laws:

"BY ITS WORKMEN'S
YOU

CAN

JUDGE THE

COMPENSATION LAW
SOCIAL STATUS ·oF A

STATE."

,·
i

I. Scale of Compensation. Assuming machinery to insure the prompt payment of
the compensation required by law, the
scale of payments is the most important
feature of the sy°stem. The strongest argument for compensation to all injured workmen or to their dependents is that shortened
lives and maimed limbs due to industrial
injuries are just as much expenses of production, which should be met by those conducting industry for their own profit, as are
used-up raw materials or worn-out tools and
machinery. The whole expense of losses to
capital is necessarily borne by the employer.
The whole expense of the personal losses
due to injuries is the loss in wages sustained and the expenses for medical care
during incapacity. The only logical reason
for not imposing, through the employers,
this entire expense ~n every industry that
occasions it, is that injured workers must
not be deprived of a motive for returning
to work and to independent self-support as
soon as they are able to do so. The compensation act, therefore, should provide for
the expense of all necessary medical •attendance and for the payment of such a proportion of wages to the victim of the •injury
during his incapacity, or to his dependents if he be killed, as will provide for the
resulting needs and yet not encourage malingering. The following scale is believed
to conform to these requirements and to be
the lowest that should be inserted in any
compensation law.
1. Medical Attendance. Aside from humanitarian considerations the employer
should, in the interest of economy and
efficiency, be required to furnish all

s
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. ., ,. •,

�necessary medical, surgical and hospital
services and supplies as determined,by
the Accident Board.
All of the acts provide for medical attend~ce. A~ necl:ssary medical care is provided
with neither time nor amount limits in California, Connecticut, Idaho, Illinois, Minnesota,
Nebraska, New York, North Dakota, Washington, and Wisconsin; also Hawaii, the Philippines, Puerto Rico, and in the three federal laws
-for longshoremen, Government employees
and the ~istrict of Col1;1t11bia. Tii:ne limits, ·only:
are fixed m Alaska, Anzona, Indiana, Michigan,
N~vada, New Hampshire, Texas, Virginia and
with authorization for unlimited extensio~s by
the Board in Massachusetts, North Carolina,
Oklahoma, and South Carolina. Amount limits
only, are fixed in Florida, Iowa Louisiana'
M.~l~nd, New_ Mexico, Rhode !;land, West
Virginia, Wyoming, and with authorization for
un~ted increases by the Board .i~ New Jersey,
Ohio, Oregon, and Utah. Additional medical
care withou~ fixed limit may be ordered by the
Board also. m Delaware, Maine, Missouri, and
Pennsylvania.

2. Waiting Period. No compensation
should be paid for a definite period-to
be not less than three nor more than
~even days-at the beginning of disability. If, however, disability continues for
14 days, compensation should be paid
from date of injury.
In Alaska, Arizona, California, Connecticut,
D~la~are, !c4'lorida, Georgia, Hawaii, Idaho,
I~ois, Indiana, Kansas, Kentucky, Louisiana,
M:une, MaryJand, . Massachusetts, Michigan,
Minnesota, M1ssoun, Montana (if dependents)
Nebraska, Nevada, New Hampshire New Jer~
sey, New Mexico, _New York, North Carolina,
North J?:i,!i:~ta, Ohio, Oklahoma, Pennsylvania,
the Philippines, Puerto Rico, Rhode Island
South C":1"0¥1:a, Tenne~see, Texas, Utah, Ver~
mont, Vi.rgmia, Washington, West Virginia
Wisconsin, and Wyoming, and under the thre~
federal laws, the waiting period is as here
recommended. In Oregon and South Dakota
there is no waiting period.

3. Compensation for Total Disability.
The disabled workman should receive
during disability not less than 66fr per
cent of wages; compensation not to be
more than $25 or less than $10 a week. If
he is a minor, he should, after reaching
twenty-one, receive 66! per cent of the
wages of able-bodied men in the occupation group to which he belonged.
All of the acts except those of Alaska (permanent), ~regon (perz:n.anent), WashinKton,
and Wyoming base disability compensation on a
4:

percentage of wages, rather than on a flat rate
regardless of the wages.
The percentage of wages here recommended
is the same as in Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana
(sliding scale), Nebraska, New Jersey, New
York, North Dakota, Ohio, Oklahoma, Oregon
(temporary only, and sliding scale), West Virginia, and in the three federal laws. Alabama
(sliding scale), Alaska, Arizona, California,
Idaho (sliding scale), Illinois (sliding scale),
Kentucky, Louisiana, and Pennsylvania provide
65 per cent. Florida (sliding scale), Hawaii,
Iowa, Kansas, Nevada, New Mexico, North
Carolina, the Philippines, South Carolina, Texas,
and Utah provide 60 per cent; while Indiana
South Dakota, and Virginia provide 55 per cent'.
Wisconsin provides 70 per cent.
In Arizona, California, Colorado, Idaho, Illinois, Massachusetts, Missouri, Nebraska, Nevada, New York, Ohio, Oregon, Pennsylvania,
Utah, Washington, West Virginia, Wisconsin
and under the federal law for Government employees, _compensation for total disability is payable dunng the continuance of the disability.

4. Compensation for Partial Disability.
The workman who is only partially disabled should receive a percentage of his
wages proportioned to the degree of
disability, and subject to readjustment
only on account of changes in extent of
disability; compensation not to exceed
$25 a week, with provision for minors
similar to that in the case of total disability. Awards for permanent partial disability should be in addition to total disability compensation paid during the healing period.
In case of a second injury Hawaii, Idaho,
Illinois, Minnesota, New Jersey, New York,
Nor:;th Carolina, North Dakota, Ohio, Pennsylvania, South Carolina, Utah, Wisconsin, and the
federal laws for longshoremen and for private
employees in the District of Columbia, pay out
of a special fund any compensation in excess
of that for which the second injury by itself
would make the employer liable. Massachusetts
a~d West Virginia have adopted the same princ_iple through somewhat less adequate legislation.

5. Compensation for Death.
(1) Funeral Expenses. The employer should be required to pay a sum
not exceeding $200 for funeral expenses, in addition to any other compensation.
All the laws except those of Alaska, Illinois, Maine, Maryland (in case decedent's
5

�estate is large enough to pay such expense),
Massachusetts, New Hampshire, Oklah2JI1a
(which cannot constitutionally compef.'sate
for death), Puerto Rico, South Dakota and
Texas provide funeral expenses in all cases
of death whether or not there are dependents. The maximum limit is $200 or more in
Connecticut, Idaho, Maine, Michigan, New
Hampshire, New York, North Carolina,
North Dakota, Ohio, Pennsylvania, Rhode
Island, South Carolina, Texas, Wisconsin,
Wyoming, and under the three federal laws,
while Alaska, Arizona, California, Florida,
Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New
Jersey, New Mexico, South Dakota, Utah,
Virginia, Washington, and West Virginia
allow $150 or more.

marries, or reaches the age of eighteen
unless the child at 18 is physically or
mentally incapable of self-support.

(2) Compensation for Widow. If
living with the decedent at the time
of his death, or if dependent, the widow
should be granted at least 35 per cent
of his wages until her death or remarriage, with a lump sum on remarriage
equal to at least two years' compensation.
The method of compensation for cases
of death recommended in this and succeeding paragraphs is substantially the same as
in Arizona, Idaho, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota,
Pennsylvania, and Vermont, and under the
three federal laws. The provision for a lump
sum payment to the widow on remarriage is
adopted in Arizona, Colorado, Minnesota,
Nevada, New York, North Dakota, Oregon,
Utah, Washington, West Virginia and in the
federal laws for longshoremen, and for private employees in the District of Columbia.

(3) Compensation for Widower.
If living with the decedent at the time
of her death and dependent upon her
support, the widower should receive
35 per cent of her wages, or a proportionate amount if his dependency is
only partial, to be paid until his death
or remarriage.
(4) Compensation for Widow or
Widower and children. In addition to
the compensation provided for the
widow or widower, IS per cent should
be allowed for each child under eighteen, up to a maximum of 66fr per
cent for the widow or widower and
children. Compensation on account
of a child should cease when it dies,
6

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(5) Compensation to Children if
There Be No Widow or Widower. In
case children are left without any surviving parent 25 per cent should be
paid for one child under eighteen, and
15 per cent for each additional such
child, to be divided among such children share and share alike, up to a
maximum of 66i per cent. Compensation on account of any such child
should cease when it dies, marries, or
reaches the age of eighteen unless it is
disabled.
(6) Compensation to Parents,
Brothers, Sisters, Grandchildren and
Grandparents if Dependent. For such
classes of dependents 25 per cent
should be paid for one wholly dependent, and 15 per cent additional for each
additional person wholly dependent,
divided among such wholly dependent
persons share and share alike, and a
proportionate amount (to. be determin~d by the Accident Board) if dependency is only partial, to be ~ivided
among the persons wholly or partially
dependent according to the degree of
dependency as determined by the.Accident Boar·d. These percentages ·should
be paid in cases where there is no
widow, widower, or child. In other
cases members of this class should receive as much of these percentage/&gt; as,
when added to the total percentage
payable to the widow or widower or
child, will not exceed a total of 66!
per cent. · Compensation to members
of this class should be paid only during
dependency.
•
(7) Compensation for Alien NonResident Dependents. Aliens should
be placed on the same footing as other
dependents.
In Alabama, Hawaii, New Mexico, the
Philippines, and South Dakota, alone are
alien non-resident dependents expressly ·excluded from compenstion.

(8) Maximum and Minimum Compensation for Death. The wages on
1

�which death compensation is based
should be taken to be not more t ~
$37.50 per week nor less than $15 per
week; but the. total amount of the
weekly Compensation should not be
more than the actual wages.
(9) No-dependency Death Cases. If
there are no surviving dependents, the
insurance carrier should be assessed
at least $1,500 for the second injury and
rehabilitation fund.
6. Commutation of Periodical Compensation Payments. Necessary in exceptional cases, lump sum payments
should, however, be carefully safeguarded
against abuse and should be permitted
only when for the best interest of the
beneficiary and with the approval and
under the supervision of the Accident
Board, after thorough investigation.

7. Legal Fees. No contract for legal
services should be valid unless approved
by the Accident Board, which should be
authorized to be the judge of the reasonable value of the services rendered.

II. Employments to Be Included. It is
believed that sufficient progress has now
been made in public education on the problem, and in the development of efficient and
economical machinery for insuring the employer against his compensation liability, to
justify the inclusion in the system of all
employments. The only exception which
should be made is of casual employees in the
service of employers who have only such
employees and who, therefore, cannot fairly
be required to carry compensation insurance
policies. Such policies, on payment of a
small additional premium, are now drawn so
as to embrace casual as well as regular employees. No serious burden is, therefore,
entailed on employers, even of domestic
servants, in making them liable to pay compensation to casual employees.
Farm labor and domestic service are still exempted from the operation of the act in nearly all
the States, either expressly or indirectly.
Casual employees are excluded either in whole
or in part by most laws.
8

III. Injuries to Be Included. Compensatio. should be provided for all personal injuries in the course of employment, and
death resulting th erefrom within six years,
but no compensation should be allowed
wh ere the injury is occasioned by the wilful intention of the employee to bring about
the injury or death of him self or of another.
The act should embrace occupational diseases arising out of and in the course of
employ ment, which should be considered
personal injuries for which compensation is
payable.
The principle of limiting the time within which
death must occur in order to form a basis for
compensation is found in Alabama, Colorado, Conn~cticut, Delaware, Florida, Hawaii, Idaho, Indiana, Kentucky, Louisiana, Maryland Missouri
Nebraska, New Mexico, North Carolina, North
Dakota, Ohio, Pennsylvania, Puerto Rico, South
Carolina, Utah, Vermont, Virginia and West Virginia, and in the federal law for Government
employees.
The principle of excepting injuries caused by
the wilful intention of the employee is found in
the three federal laws and in all States except
Illinois, Massachusetts, and Montana.
Occupational diseases are compensated in California, Connecticut, Illinois, Indiana, Hawaii,
Massachusetts, Missouri, New York, North Dakota,
the Philippines, Wisconsin, and under the three
federal laws, and to a limited extent in Delaware,
Michigan, Kentucky, Minnesota, Nebraska, New
Jersey, North Carolina, Ohio, Pennsylvania, Puerto
Rico, Rhode Island, Washington, and West Virginia.

IV. Other Remedies Than Those Provided by the Compensation Act. One of
the weightiest arguments against the outworn system of employers' liability is that
it causes vast sums to be frittered away in
law suits that should be used in caring for
the victims of accidents. To avoid this
waste the compensation provided by the act
should be THE EXCLUSIVE REMEDY.
If the employer has been guilty of personal
negligence, even going to the point of violating a safety statute, his punishment
should be through a special action prosecuted by the State factory inspection bureau.
Likewise, if he has failed to insure, he
should be penalized by being made subject
to a penal action prosecuted by the accident
board and by increasing his liability for compensation.
9

�"
Suits for damages are not permitted under any
circumstances in several states including Alaba;»a,
Alaska, Hawaii, Idaho, Louisiana, Maine, Penrtirylvania, Vermont, and Wisconsin.

most rigid regulation to guard against 'in~olvency, to insure just settlement of
claims, to prevent wasteful practices and
exorbitant rates, and to eliminate unfair
competitive methods;

V. Security for the Payment of Compensation Awards. The supreme tests of a compensation system are, first, the incentive
provided for reducing accidents to the utmost, and, second, the promptness and certainty with which compensation claims are
met. The strongest incentive toward prevention results from imposing the whole expense of compensation upon the employer.
The irregularity and uncertainty of accidents, however, make this policy inexpedient for small employers with limited financial resources. Security can only be attained
through some system of insurance. Employers should, therefore, be required to insure their compensation liability.

Insurance in commercial companies is not
_allowed in Nevada, North Dakota, Ohio, Oregon, Puerto Rico, Washington, West Virginia,
and Wyoming, and sentiment is rapidly developing in favor of such exclusion elsewhere.

4. Insure in a State Insurance Fund
managed by the Accident Board upon
the same principles and subject to the
same general requirements as those governing Mutual Insurance Associations.
State insurance is authorized in Arizona,
California, Colorado, Idaho, Maryland, Michigan, Montana, Nevada, New York, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylv~a, Puerto Rico, Tennessee (for coal_mines),
Utah, Washington, West Virginia and Wyoming.

Alabama, Alaska and the Philippines are the
only States which do not require in some form
or other the employer to secure the payment of
compensation either by insurance or by the giving of a bond. •

Failures of private casualty companies
-with resulting tragic loss both to injured workers and their employers-have
given additional impulse to adoption of
State Insurance Funds. ly.loimting insurance costs have likewise led to increasing
use of State Funds.

In accordance with the plans of insurance
at present provided for, .employers may
either:
1. Maintain their own insurance fund
subject "to the approval of the Accident
Board or other administrative authority;
Massachusetts, Nevada~ North Dakota, Oregon, Puerto Rico, Texas, Washington and
Wyoming do not permit employers to carry
their own insurance.

2. Insure in a Mutual Association authorized to insure compensation liability;
Insurance in a mutual association is permitted in most States, including Alabama, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana,
Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota,
Nebraska, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, Oklahoma,
Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont, Virginia and Wisconsin and by the federal
laws for longshoremen and for private employees in the District of Columbia.

3. Insure in a commercial company,
such companies to be subjected to the
10

.I

•VI. Organization of Accident Board. It
is essential to the successful operation of
the compensation system that an Accident
Board be created. This board should_ consist of three or five members appointed by
the Governor with the consent of the Senate. The board should have power to employ necessary assistants, including an independent medical staff, on a merit basis with
security of tenure. Its members should be
required to devote their entire time to its
work and should not be permitted to •carry
on any other business or profession for
profit. The cost of administration of the
compensation law should be equitably distributed among the insurance carriers.
Accident boards are provided in the three federal laws and in all of the States except Alabama,
Alaska, Louisiana, New Hampshire, New Mexico,
the Philippines, Rhode Island, Tennessee and
Wyoming.
11

�i&gt;

VII. Procedure for Settlement of Compensation Claims. Careful provision shdi!nd
be made for rigid state supervision in the
determination of all claims for compensation. A decision by a member or an authorized deputy of the State Accident Board
should be conclusive, unless appeal therefrom is taken to the entire Accident Board
within a specified time. The Accident
Board's ·disposition of the case should be
final and conclusive unless appeal therefrom
is taken within a specified time. Appeals
from decrees of the Accident Board should
not be allowed, except on questions of law,
and should be carried direct to the highest
court.

VIII. Reports of Accidents. The law
should direct the administrative board to
use the Standard Accident Reporting Blank
requiring full and accurate reports of all
industrial accidents as a basis for computation of future industrial accident rates and
for future safety regulations to decrease or
prevent accidents.
IX. Rehabilitation. Restored earning
power is of more importance than distress
relieved. The administrative board should
therefore be authorized to encourage, cooperate with, or conduct enterprises for the
re-education and rehabilitation of injured
persons. Provision should be made for maintenance during rehabilitation.
Forty-seven States and the District of Columbia
already make provision for aiding industrial cripples to secure re-training, re-education or reemployment. Delaware still lags.

The essential features of workmen's compensation law here outlined are urged on
the basis of a careful study of the whole
question and of the compensation legislation of all the States. As one of the functions of the American Association for Labor
Legislation is to promote the enactment of
adequate and more nearly uniform labor
laws, it earnestly recommends to the careful consideration of legislators and of those
who are interested in social progress the
country over, the foregoing just, reasonable
and progressive workmen's compensation
standards.
12

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•

" l esp ecially lik e the way t he org a11 izatio11
co mbin es th r scir11tific m ctl,o d with th e pra ctical
rernlt -g elli11g spirit."
" T h e Asso cia tiou has ed11ca t ed th e p11bli c,
aro11u d p 11 blic int erest, se cured th e pa ssage of
ht·111•fi cinl l rg islntio11."

The

American

Association

for

Labor

Legislation is a general welfare organization
with headquarters at 131 East 23rd Street,
New York City. It is supported entirely by
contributions from its thousands of members representing all groups in every state
in the Union.

If you wish to be kept in touch with this
expanding

work

you

should

become a

member.
Membership will entitle you to many
privileges in addition to the publications,
among which is the quarterly American

Labor Legislation Review. The minimum
annual subscription is $3. A good time to
become a member is now.
"[ /,ave brr11 a reader of th e AMERICAN LABOR
the first day lo tMs day,
a11d have fo1111d it i11dispe11sable i11 trying lo keep
up w it!, the devr./oprn e11t of social lcgislatio11 i11
tl,e U11ited S/a/es."-CHARl,ES A, BEARD.
LEGISLATION REVIEW from

�(

I
~

Workmen's Compensation Map ;
of the
United States and Canadian Provinces

..
CJ

No Compensation
Laws.
Compensation Law,
but no State Fund
Compensation Law, with State Fund.

Can your State measure up to these
standards?

�</text>
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