WORKERS' COMPENSATION LAWS GENERALLY

IT IS IMPOSSIBLE IN A BRIEF SPACE TO ATTEMPT AN EXPLANATION OF THE WORKERS' COMPENSATION LAWS IN THE DIFFERENT STATES. IN SOME STATES DEDUCTIONS ARE MADE FOR CONTRIBUTORY NEGLIGENCE; IN OTHERS, AWARDS ARE FIXED FOR SPECIFIC INJURIES; AND IN ALMOST EVERY STATE THERE CAN BE FOUND NUMEROUS VARIATIONS. SEE ORS 656.005, ET SEQ.

I.    COVERAGE.

Any person employed by a contract of service who is under the control of the employer while at work at the machine or other device from which the injury arose is entitled to compensation. Previous physical condition is not considered in determining the amount.

A.    WHO IS EXCLUDED.

The workers compensation acts differ in the several states. The federal act protects persons employed by the United States and workmen engaged in interstate commerce. While it is difficult to give a general rule, the following are excluded from the benefits in most states, and in others the compensation is optional:

a.   Minors and apprentices.
b.    Farm laborers.
c.    Domestic servants.
d. Casual employees.
e. Independent contractors.
f. Public officers.

B.    BENEFITS TO DEPENDENTS.

Most compensation statutes also provide that the compensation be paid to dependents in case of death. Payments may be made only to actual dependents or to partial dependents in accordance with the degree of dependency. These include widows, children, stepchildren, illegitimate children, adopted children, or a dependent parent.

II.    PAYMENTS.

The compensation acts provide for payments to the injured or the injured worker's dependents in case of partial incapacity, permanent incapacity, or death, in amounts depending on the earning power of the injured at the time of the accident. Maximum and minimum amounts are usually specified.

III.    INSURANCE.

The compensation laws are rigidly enforced, and to protect themselves employers often take out liability insurance on the life and health of each employee. Then, when an accident occurs, the insurance company assumes all liability and relieves the employer of any claims that might be made under the worker's compensation law. This method of limiting liability is provided for in the laws of all the states. The cost of such insurance is based on the size of the payroll and the nature of the employment. It ranges from a purely nominal figure for office work to a rather high rate for the more hazardous occupations.