Imágenes de páginas
PDF
EPUB

cognizable in said court. Upon the final determination of said action in which the award or decision of the Commission is sought to be reviewed, the Commission shall make an order or decision in accordance with the judgment of said court. The Commission shall not be liable for any costs apart from said proceeding, but otherwise the costs shall be taxed as in other cases.

Costs-How Taxed.

Section 14. If the Commission or the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this act, determine that such proceedings have not been so brought on reasonable ground, it shall assess the whole cost of the proceedings on the party, who has so brought them. Claims for legal services in connection with any claim arising under this act, and claims for services or treatment rendered or supplies furnished pursuant to section 4, of article 2 of this act, shall not be enforceable unless approved by the Commission. If so approved such claim or claims shall become a lien upon the compensation awarded, but shall be paid therefrom only in the manner fixed by the Commission.

Payments-How and When Made.

Section 15. Compensation under the provisions of this act shall be payable periodically, in accordance with the method of payment of the wages of the employee at the time of his injury and shall be so provided for in any award; but the Commission may determine that all payment or payments may be made monthly or at any other period, as it may deem advisable. The Commission, whenever it shall so deem advisable, may commute such periodical payments to one or more lump sum payments, provided the same shall be in the interest of justice. All payments as required by the award shall be made to the injured employee in the manner and form prescribed by the Commission. And employers and insurance companies shall for such purposes be permitted, or when necessary to protect

the interests of the beneficiary may be required, to make deposits with the Commission to secure the prompt and convenient payment of such compensation.

Failure to Pay-Penalty.

Section 16. If payment of compensation, or an installment thereof, due under the terms of an award, except in case of appeal from an award be not made within ten days after the same is due, by the employer or insurance corporation liable therefor, the amount of such payment shall constitute a liquidated claim for damages against such employer or insurance corporation, which with an added penalty of fifty per centum may be recovered in an action to be instituted by the Commission in the name of the people of the State. If such default be made in payment of an installment of compensation and the whole amount of such compensation be not due, the Commission may, if the present value of such compensation be computable, declare the whole amount thereof due, and recover the amount thereof with the added penalty of fifty percentum, as provided in this section. Any such action may be compromised by the Commission or may be prosecuted to final judgments, as in the discretion of the Commission, may best serve the interests of the persons entitled to receive the compensation for the benefits. Compensation recovered under this section shall be disbursed by the Commission to the persons entitled thereto in accordance with the award. A penalty recovered pursuant to this section, shall be paid into the State Treasury, and be applicable to the expenses of the Commission.

Rights-Barred After One Year's Neglect.

Section 17. The right to claim compensation under this act shall be forever barred unless within one year after the injury, a claim for compensation thereunder shall be filed with the Commission.

Damage by Wrong of Outsider-Whom to Prosecute-Election.

Section 18. If a workman entitled to compensation under this act be injured by the negligence or wrong of

another not in the same employ, such injured workman shall, before any suit or claim under this act, elect whether to take compensation under this act or to pursue his remedy against such other. Such election shall be evidenced in such manner as the Commission may by rule or regulation prescribe. If he elects to take compensation under this act, the cause of action against such other shall be assigned to the insurance carrier liable for the payment of such compensation, and if he elects to proceed against such other person or insurance carrier, as the case may be, shall contribute only the deficiency, if any, between the amount of the recovery against such other person actually collected, and the compensation provided or estimated by this act for such case. The compromise of any such cause of action by the workman at any amount less than the compensation provided for by this act shall be made only with the written approval of the Commission, and otherwise with the written approval of the person or insurance carrier liable to pay the same.

Benefits or Savings not Considered.

Section 19. No benefits, savings or insurance of the injured employee, independent of the provisions of this act shall be considered in determining the compensation or benefit to be paid under this act.

Employee's Agreements to Pay Premiums Invalid-Penalty.

Section 20. No agreement by any employee to pay any portion of the premiums paid by his employer to the cost of mutual insurance or other insurance, maintained for or carried for the purpose of providing compensation as herein required, shall be valid, and any employer who makes a deduction for such purpose from the wages or salary of any employee entitled to the benefits of this act shall be guilty of a misdemeanor.

Waivers Invalid.

Section 21. No agreement by an employee to waive his right to compensation under this act shall be valid.

Claims Non-assignable-Levy Attachment, Etc.

Section 22. Claims for compensation or benefits due under this act shall not be assigned, released or commuted except as provided by this act, and shall be exempt from all claims of creditors and from levy, execution and attachment or other remedy for recovery or collection of a debt, which exemption may not be waived. Compensation and benefits shall be paid only to employees.

Liens for Compensation.

Section 23. The right of compensation granted by this act shall have the same preference or lien without limit of amount against the assets of the employer as is now or hereafter may be allowed by law for a claim for unpaid wages for labor.

Employers Insurance-Manner and Forms.

Article 3. Section 1. An employer shall secure compensation to his employees in one of the following ways:

(a) By insuring and keeping insured the payment of such compensation with any stock corporation or mutual association or by exchanging contracts of indemity or interinsurance, under reasonable regulations prescribed by the Commission providing for and securing the payment of the compensation provided in this act, or other concerns authorized to transact the business of workman's compensation insurance in this State. If insurance be so effected in such a corporation or mutual association or reciprocal or inter-insurance association, the employer shall forthwith file with the Commission, in form prescribed by it, a notice specifying the name of such insurance corporation or mutual association or reciprocal or inter-insurance association, together with a copy of the contract or policy of insurance.

(b) By obtaining and keeping in force guaranty insurance with any company authorized to do such guaranty busines in the State, or,

(c) Subject to the approval of the Commission, any employers may enter into or continue an agreement with

his or their workman to provide a scheme of compensation, benefit or insurance in lieu of the compensation and insurance provided by this act; but such scheme shall in no instance provide less than the benefits here secured nor vary the period of compensation provided for disability or the provisions of this act with respect to periodic payments or the percentage that such payments shall bear to weekly wages, except that the sums required may be increased; provided, further that the approval of the State Industrial Commission shall be granted, if the scheme provides for contributions by workmen, only when it confers benefits in addition to those required by this act commensurate with such contributions.

(d) By furnishing satisfactory proof to the Commission of his financial ability to pay such compensation for himself, in which case the Commission may, in its discretion, require the deposit with the Commission of securities or indemnity bond in an amount and of a kind to be determined by the Commission, to secure his liability to pay the compensation provided in this act.

If an employer fail to comply with this section, he shall be liable to a penalty for every day during which such failure continues of one dollar for every employee, to be recovered in an action brought by the Commission.

The Commission may, in its discretion, for good cause shown remit any such penalty, provided the employer in default secure compensation as provided in this section.

Compliance-Posted Notices.

Section 2. Every employer who has complied with section 1 of article 3, of this act, shall post and maintain in a conspicuous place or places in and about his place or places of business typewritten or printed notices in form prescribed by the Commission, stating the fact that he has complied with all the rules and regulations of the Commission and that he has secured the payment of compensation

« AnteriorContinuar »