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Partial Disability

( Originally Published 1918 )



Alaska.—Fixed sum for specified injury varying with the conjugal condition and number of children.

Arizona.—A semimonthly payment equal to one half of the weekly decrease; total amount for a single injury not to exceed $4,000.

California.—65 percent of weekly decrease; wages considered and total payment same as for total disability.

Colorado.—50 percent of the weekly wage decrease; $8 maximum; total not to exceed $2,080.

Connecticut—One half the weekly earnings for 312 weeks; maximum $14 per week.

Hawaii.—50 percent of weekly decrease ($12 maximum) for not more than 312 weeks, nor to exceed $5,000.

Illinois.—50 percent of wage decrease; $12 maximum; not more than 8 years.

Indiana: 50 per cent of wage loss for not more than 300 weeks.

Iowa.-Reasonable surgical, medical and hospital services and supplies for the first two weeks, not exceeding $100.

Kansas.—50 percent of wage earnings ($6 minimum, $12 maximum) for not more than 8 years.

Louisiana.-55 per cent of the weekly loss, not over $10 weekly, nor for more than 300 weeks.

Maine.-60 per cent of the weekly wage loss, not over $15 a week nor for more than 300 weeks.

Maryland.—Difference between amount for total disability and amount workman is able to earn after the injury; fixed proportion for specified injuries.

Massachusetts.—66 2/3 percent of weekly wage loss; $10 maximum; not more than 500 weeks; fixed rate for specified injuries.

Michigan.—One half the weekly wage loss, but not more than $10 per week nor for longer than 300 weeks; fixed rate for specified injuries.

Minnesota. 60 per cent of the weekly loss; for mutilation, etc., 50 per cent of the earnings for a fixed period.

Montana: 50 per cent of the weekly loss; minimum $6, maximum $10; payment to continue not longer than 150 weeks for permanent cases nor more than 50 weeks when the disability is temporary.

Nebraska.-66 2/3 per cent of loss of earning capacity for 300 weeks; maximum $12 per week.

Nevada.—Such proportion of 50 percent of earnings as loss of capacity bears to total loss; maimings as in total disability.

New Hampshire.-50 per cent of weekly loss; maximum $10 per week; not more than 300 weeks.

New Jersey.—Proportionate fixed scale.

New York. 66 2/3 per cent of wage loss; mini-mum $8 a week, maximum $20.

Ohio.-66 2/3 per cent of wage decrease for six years; $5 minimum, $12 maximum; not over $3,750 in all.

Oklahoma.—50 percent of wage loss for not more than 300 weeks.

Oregon.—A proportionate amount corresponding to loss of earning power for not exceeding two years.

Pennsylvania.—50 percent of weekly wage loss ($10 maximum) for not more than 300 weeks.

Rhode Island.—50 percent of wage decrease ($10 maximum) for not more than 300 weeks; fixed rate for specified injuries.

Texas.--60 per cent of the loss of earning power during disability, but not exceeding $15 per week nor for more than 300 weeks.

Vermont—50 percent of the wage decrease (maximum $10) for not more than 5 years.

Washington.—A lump sum not to exceed $1,500; if the injured person is a minor, parents receive an additional sum equal to 10 per cent of the award to the injured person.

West Virginia.—50 percent of wages for period varying with degree of disability (from 10 to 70 per cent), period ranging from 30 to 210 weeks. From 70 to 85 per cent of disability, 40 per cent of wages for life.

Wisconsin.-65 percent of weekly decrease; no total to exceed four years' earnings.

Wyoming.—Fixed lump sum for specified injury. Others in proportion.

Medical and Surgical Aid.—The maximum allowed for medical or surgical aid in any state is $200. In some states it is allowed only in case the employee dies leaving no dependents. In other cases the cost of medical attendance for two or three weeks is allowed.

How Disputes Are Settled.—In Arizona disputes under the employers' liability act are settled by arbitration, reference to the attorney-general or appeal to courts; in California by the industrial accident board with limited appeal to courts; in Illinois by arbitrators for each case with appeal to courts ; in Kansas by local committees or arbitrators with court review allowed; in Maryland by arbitration if so provided in con tract; in Massachusetts by arbitrators for each case, industrial accident board and appeal to courts on points of law; in Michigan by industrial accident board, arbitration and appeals to Supreme Court ; in Nevada by arbitrators for each and appeal to courts if decision is not unanimous; in New Hampshire by proceedings of Common Pleas; in New jersey by judges of Court of Common Pleas; in New York by courts; in Ohio by state liability board of award and limited appeal to courts; in Washington by industrial insurance department with appeal to courts.

A General Suggestion.—An employer should keep himself fully and reliably informed concerning the law in his own state, and should clearly, with an open mind, understand exactly what his rights and obligations are, under those laws. Experience has shown that in the general run of things it is cheaper in money costs and more free from controversy to insure with the state fund (if there be one in his state) or with a good insurance company, than to risk having to pay damages for injuries. An employer would probably find it to the mutual advantage of himself and his employees to select a good and reputable physician for his employees and tell them to go to him for any necessary medical aid. This would protect his employees against the possibility of unskilled treatment and himself from annoyance.

An employee intending to claim damages for injury should see a reputable lawyer and be fully informed of his rights under the law and in the circumstances. His lawyer should attend to all the formalities, whether the employee wishes to sue or compromise. If an employee intends to sue, he should not accept any benefit or insurance funds without the knowledge and advice of his lawyer.

Note.—Several States have recently enacted Liability Laws and several other States do not have the law well defined, hence settlement is for the most part made by Workingmen's Compensation Boards or other bodies; it is therefore well for the employer to write to the "Secretary of State" of his State for complete information or a copy of the latest Compensation Law relative to Employer's Liability, and thus become thoroughly posted.



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