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Lethbridge Herald Newspaper Archives

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Lethbridge Herald, The (Newspaper) - February 18, 1908, Lethbridge, Alberta LtTH i ft A L I t A TUilDAY, ft U A ft V IIM WORKMEN? COMPENSATE ACT SPEECH BY HON. C. W. amll tion of by them, the greatest reiuUiuf from injury to working men Ovate -which result 1o' the working families, in consequence of piojrctt He Reviewed the History of This Class German and Eigfisk Laws Qaises rf die New Act Are Clearly Explained. lion, 0. W. Cross, in moving the' their "UubiHuor, with thfir workmen, thc'pagring of second reading of 'the Act in the Legislature of, J880 there was constant agitation last week stud: in moving the 'second reading of the Workmen's Compensation Act, I to refer first briefly, to the history of the growth of similar legislation. The English. Workmen's Compensa- tion Act of 1897 wrought a''sweeping change in English law by introducing but n.ot until 1897 that any material changes v.'ure made in this direction. Alberta '1900- Act Workmen's Com- pensation Ordinance In the province of Alberta the' pres- ent-law on'this subject is'to be found in the ordinances of the Koith West Territories passed in the year 1900, and known as the Workuitn's Com- oi: M80. It a diflwent principle, the 'principle of ueflirencc 'was'en- jfiiored aiul tiie new Act like tiie German laws to give the workman a right to ccrnpensa- aA iim accidents arising out of aud m the course of his employment, accidents were not due to" hia own serious and wilful inifeconduct. It however provided for the payment of the compensation in in the form of weekly allowances daring ihc continuance of incapacity the result of the acci- dent. This act" expressly reserved the those >coming within its ocope either "to proceed to recover under iU provitions or to-sue for 'damages at common law or the earning capacity of tlic bread, winner of the family, _, It has become more and more evi- dent that under the present indus- trial system with1 its consequently occurring accidents, a serious acci- dent to u workihginan means an im- mediate demand .for charitable assist- ance in some form or another and it is in order to remedy this state of affairs and to 'puf the system of assistance upon a 'scientific basis lather th'an to leave it to ijie indis- criminate charity of" individuals' an act such as the one under co'nsid- eration has from time to time intro- duced-in vaiious countries. The discussion evoked in the early eighties by the employers liability otf tut Aa aeeidtm to of the injured perfton would be ao accident due to or her smoiis wilful' misconduct, All accidents in the absence of ious and wilful misconduct on the part of the injured workman which have arisen both out of and in the course of employment of the injured man are within tiki act, In ,thc large number of caiwjj little or no doubt arise as to what is .m accident. Lord MeNaughten aaid th.> expression "accideiit" is in the popular in Uie ordinary of the word denoting an unkwkcil for mishap or an' untoward which U" not expected or .design For a having the the Bi.smarkian principle of compen- pensation Ordinance. It it, broader sation which entirely' eliminatus neg- ligence as an essential ingredient in the liability of an employer foV acci- dents to his servants. than the Employers Inability in England In this rw.pect; that it does limit to ceitain paiiicular cases as in the -'acts mf-ntioned the non-applica- acts brought out the 'which hud not hitherto that a fact been large The principle which underlies 'this cation of the doctrine of common em- act is same as that which ploymcnt. r Jl states, however, that in any action against an employer it shall not be a good defence that the injury resulted from the negligence of an employee engaged in a common employment with the injured'person. It will be seen- at once that while this goes-a very considerable extent toward 'ameliorating the harshness of of workmen's insur- ance which have been'in force in Eu- rope for more thajj liftecn yeais.' By the common law" of England 'ah employer was liable for injuries to his servants when such injuries from acs cidents were caused by the'negligcnce of the employer. But this bio'ad principle_pf the com- the comon law rule it only solves, and mon law was subject to at least four'then only partially solves1 the qualifications of reaching charaoj pioblem raised Jjy tliat rule and does ter.- _ Ooctririe of Common Employment In first place the'principle was what is known as the com- mon employment. if a workman was injured by an ac- cident negligence of anotb-j er person employed by his employer he could uot recover anything be- cause he was held to be Engaged in a common employment with the person causing the accident. This rule was extended to casns even though the per son causing the injury was aVianap- jgr, superintendent, or. foreman whobe ''instructions -the injured man was bound to obey." Then the principle aiso quali- fied by a broad application of the maxim "Volente non fit injuria." By this application an injured workmans claims could be defeated by an em- ployer guilty-of. the "grossest negli- gence who could'show that the work- man voluntarily accepted or contin- ued service in a dangerous operation with appreciation of its dangers. The principle was also subject to the" "doctrin'e'of conhibtitary- ncgli gencc. By this doctrine "thbuglf'an be have been guilty of as piimarily gave'rise to the accident, but could de- feat the man's claims bj -showing that-heT had "contributed accident'in such-a way as to render the employer's ncg ISgencc no longer itself an approxi- mate-cause. In other the cli rcct casual connection between the employer's negligence and the acci the- injured "man's_ own careless ness-the employer pay damages. ,_t 'No'Claim 'in Case of Death _: Finally'-where kill- ed his; orphans or'other depen- V dent relatives were to_- recov "Cr-, any thing because the. right acci- dent was said to be personal to -thr workman and died with him so thai indeed a costly thing Jor aneg nut touch the great social problem involved in actually bettering the conditions of the workingmen, 'be- cause even' under these employers liability acts, or under the extension of them, such as we have in the Or- dinances of the North' West Territor- ies, "a workingman could vstill "only re- cover damages as the result of an action at law with the consequent de- lays expenses and uncertainty -of wiiich in the "vast'majority of cases he was in no position it "has found tliat as a jnccisure of social reform the employers' .liability "acts arc inade- quate to meet the changing condi- tions of the times and in'consequence there has been founded'in "the vari- ous countries in Europe and also ,to some extent on this-'continent- sys- tems of working men's insurance. '__ Workingrmn's Insurance These systems of we eking1 men's in- surance nre either "ccntrblled by flic state, or partially conti oiled by the" state, OL operated entirely by tiie state separate and distinct 'altogether rroirf" any" question accidents. Tiie .evolution of this system -on the continent of Europe may v.o be practically completed Germany :ook the-lead in this regard .In-the eighties .when the system of .vorking men's insurance inaugurated by Bismaik wae introduced. Tins system was a .development of the po- 'itical philosophy represented by a 2lass of economics known as "Social- ism of the which accorded to the. state wide attributes with regard :o_, ameliorating social conditions. This system of working men's insur- ing introduced in Germany has re- ceived, there Jts fullest development, md it" is' being.-appl fed there" not )nly to "insurance against but' also to insurance against sick- 1C33; insurance against pld age" and incapacity, and finally insurance igainst loss o'i employment. against accidents wlu'ch proportion of accidents-were due eith- er to chance or to occurrences prac; tie-ally beyond -human control orvat least" to causes the resiwnsibility for which could not be 'located and that under modern Conditions the class of accidents that was dm; to the clmiJieter ot the industry itself was growing propoitionately very ihuch larger than the class of accidents which were due either to the fault of the employer or that of the em- ployee. It was shown by statistics collected at that time that consider- able over fifty per cent, of the acci- dents occurring-in the various parts Euiope in industrial employments were traced the character 'of the industry' to which the workmen were engaged. That is to say to the1 fact that it was of a more hazard- ous description, "rather than to any cause sucli as negligence in either the employer or employee. The of hat not -h-is back torn while lifting av Workman's Act of I9M in the usual and .The workmen's compensation act Oficourse of this was held to be 1906 .passed by' the English Parlia- an accident, ment extends the class of persons engaged' under contracts to servants and also' makes' employers liable to pay compensation for diseases aris- ing out of and in the course of the employment of the suffering work- man. It'also'repairs the defects in the repealed acts which several years has disclosed. The workmen's condensation act which is now being introduced is not entirely as'broad the workmen's compensation act of 1906, owing large- case waa where an engine driver was killed by a stone thrown by a bad boy from a bridge. This also was held to be an accident, To carry the right to compensation the accident muit both arise out of and in the course of the employment of the injured workman. An accident might easily occur in the course of a person's employ- ment which doen not in any itenae arise out of.huch employment. JFor bricklyayer. working ly to in conditions exposed position upon'a build- "I guess when the Government gets this on exhibition at Winnipeg there' wililbe something doing in "Sunny Southern farm A. E. Agent, Lethbridge, Alberta. question then naturally-arose in a concrete form as to whether under these conditions theie'was any ,rea- why buidens of, such accidents should not" rest primaril> upon the_ industry ..which" caused Burden of Such Accidents r There did not seem" to be any.rea son -why "the burden of "of this kind should not be made to con- stitute an" item in the cost of produc- tion in the articles produced by such way as any other item of cost-in that production. En other words, there be no reason nature ol things whj a liability as this should not bt taken consideration, and viborne by employer" the "same as that _of-4he breaking-of ma chinery; fire-or other way The rmore_so tweeh our industrial syfctorn in this province and the industrial system of England. The 'details of this bill can best he explained by discussing the mat- ter from ther standpoint of (i) to whom compensation is payable; (2) when compensation is payable; (3) is liable to pay compensation, ind (4) how the compensation is ap- plied for. Whom CwniMniation Payable The question naturally arises, who 'is entitled; to claim This can "only be fully answered by ,X" reference to Section 2 of the act he act applies only to a workman en- aged iiKoFabout k railway, factory, line, quarryf or engineering work, or pon -anyvbuilding more than forty cct The construction of which caffoldiug "or 'mechanical power is icing used. There "are certain persons excluded ronT the definition of the act. They was killed by was held by the .courts that this was an accident arising out 'of his em- ployment. The question when does an acci- dent arise in the courne of workman's employment, is one of less difficulty, but it is not-always by any means free from doubt. Who is to Pay for 'A. E. Humphries, who is cartooned aa holding freight can with Bun- ny Southern Alberta wheat, is Immigration Agtnt at Lethbridge, Alberta, and ftlao Justice "ol the Peace of that city. He is an enthusiast for Al- a promoter of the 'country; is doing much or more for the development of it than any other one man located in Southern 'He sent two car loads of sheaf wheat, to Winipeg, to on exhibition'there, which certainly shows that Bunny Southern Al- berta is producing the goods. Mr. Humphries is certainly one of the men to whom the Canadian West owes much.w-From Kerr Land Doins. a's such -accidents were' preventable by 4. r u J S the ,eercisc- of forethought ,-sucK ed Jhan have them lose an eye or an arm. However, this lejjal paradox- was.- a mended by Lord Campbell's Act in avid-evei that linic relatives of cle ceased to rccovei damages just as if he had lived. Application of Common Law Doctrine The actual application of this com- mon law doctrine- to modern condi- rmHiljL indeed with tho employee because in consequence the employer was only liable for >nt branches of industry organized -incler a guarantee "from' the Govern- ment. insured workmen do jiot any- of the burdens of ihese trade v associations- which are. themselves" corporal ions. On the contrary the burden of such insurance is borne by "the employers in propor- tion to the risk toVhich" each employ- er exposes his association, -and the risk of each establishment is deter- mined by. the distribution of the var- ious occupations over the several those of a tariff drawn ffp by fault and thosc'onlv'upon it beinsr es-1Itho association. All_ of these being fault and those upon it being es- cafie. i p- j, .f. f-It was well'know-n that in the oarly of the last century an employee Ml_ of these being extent, Govenmicnt supervision anil subject to Legisla- tive "control. e So has worked sal- is fcictorily as far" show. The principal difficulty that lirfs been forethought must frbin the: nature. oJ tiie case, ,be largely exercised by .the employer who" has power to determine the condition "upon which' the indus tiy i5_ carried. on and the tools- to. be madu-use. of.'-- -The this war early felt 'and in -the move meut "'liich has in' Europe resufteY in making the employer in the first place responsible for all accident: which are not clearly the fault of th cd' trie" old common' law ruin Ixirr moro harshly upon a workingman. Employers Liability Act, I BO. "The next "step in-legislation dealint with workmens compensation was the Employers Liability XVct of ISATwhich mbditlcd to a great degree same of the harsher features of the common. law. The Act only applied however, to pensation or insurance is claimed. As a Social Measure system of working mon's-in- Of right of in wha has been called the industrial warfar of be against the" of accidents ssrily TCAiilting' from'a %-stc .rrtrk carried on as it is at high pres .sure and wilh keen competition regarding such indemnity as an incident to the production am thus "insuring that such'expense wil In form ot nnothei ha? 'P become a charge upon th received in Europe with uni-1 Public for whose advantage all in ccrsal recognition as a social meas- ure founded upon proper principles jnd upon the recognition of undoubt- ed facts and iheiv consequences, the principle difference in tho various coimtrioa being the extent lo which 'he slate intervenes in the carrying out of the objects of tho vurioxis sys- tems. has become "more" more ap- parent in recent years, principally by the careful collection land study of that the happening of in- engaged in manunl labor- accidents is productive of railway service, an3 ii also- per- or.ormows suffering. it is are carried on. The important point of different between the recognition and non-re cognition of this principle is that th burden of-accidents pure and simrilf by which I mean accidents cither th cause_-4f which is unknown or unas certainabie or which cannot be clearly to DC the result of the nog Hgencc of any particular person, i? thrown upon the public instead of The injured workman has in all cases a right to recover from his em- ployer and in; certain-cases entitled to compensation -against third persons. Inx the great major- ity of cases there-will be very" little question at ally as to who in fact is employer. It must, however, first be' borne in'mind that the" term ployer includes an individual or body of persons whether they are cor- porate or There is also the case _ work- by a stranger during his employment. Let us suppose that engegd than {a workman while engaged upon a work is injured by an accident under circumstances which- makes his em- ,itj ployer' liable to compensate and a j stranger liable in damages. The in- j jured. man under those circumstances can neither recover'from his employ- er by way of-' 'compensation or by ;the industries mentioned, damages fromUhe stranger. He-can- not recover both. Where the employer dies the work- gives a clear and entilled to recover against the VPMVC answer as to what is an of thc viker. An out worker is a person There are special--provisions .in-'the 'o whom artiolc-i or materials are giv- cvent of an employer becoming bank- ire l.'Tcrsons otherwise n manual labour whose remuneration a year. "wjawe employment oureiy casual. ,3.-Outworkers. Jrom these, olies to air kind-, of workmen In thisf case it provided that I all rights to the payment of the in- surance money shall be transferred to and vest in the workman. "In othei words the workman can get his com peiuation direct from the Insurance company. .In thirf case the employer has only partially' insured and the workman is -enabled by the act 'to get" the amount under the policy from thVlnsurance company. In order to recover the balance due by- way of compensation he can rank as prefer- red creditor to fthe Extent In this case the workman is em- powered to prove. as preferential creditor; thajl is'to say, he H- entitled to be paid in full nut of the assets of the employer preference to or- clerical, manual or otherwise. Out Workers m out to be made up, cleaned, wash- lne legislation has altered, ornamented, finished to the Injured workman -f paired or 'deputed for sale in his'in of banltruptcy and as far as home- or on other premises not I re88onaoly possible to leave him in andei- the contn.1 or management of "-he person who gave materials or irticlcs. Workman or tractor Now there are certain matters .vould like to refer to briefly. exactly the same position he would occupy if the bankruptcy had not taken place. The section provides different remedies to meet the case. Etrst Where the employer has in surcd fully 1 1 Where he has partially in- tsured and; at all A difficulty may arise sol deterniifH Third- -Where he has not insured ing when ail injured person is a within, the meaning of the ict or the- independent contrector who 's entitled to its jroad distinction an Inde- >endent contractor and a workman is ;hat whereas, an independent ractor under a contract "to a certain of work has a discretion" as to exactor precise manner 'ie wilK carry out hiaf -he workman on the other" is subject to his master or- ler.s as to the means, method icr in which he shall do the work. If a workman dies aa the' result o! i fatal accident covered act :hen any dependents he leave ire entitled to If iherc are no such then legal representative to i sum for medical and funeral ex- 'Xinsca not to exceed 1100.00. The term dependants is applied to he. -following: If wholly or partially lependant upon the deceased 'ngs at the time of his accident or wife or father, or Bother, grandmother, grandfather; stepmother, sou, daugh- er, grandson, stepdaughter, brother, Bister, half-brother, half-sister. When Compensation M PayaMo Tiie act says that if in any einploy- Tient personal injury by Accident irissng out of and in the course of employment is caused to, a 'workman m 'employer sholl liable to if the workmen is in- for more than two weeks. and Wilful Mttonduct This general rule ia subject, how- iver, to the import ant proviso that vf it proven that the injury to a 'vorkman i> attributable to the ind wilfull misconduct of that work- any compensation claimed in cespect of that injury shall be diaai- 'owed unless the injury rtsahs in leath in which case even scriovs or .vilful misconduct is not to be bar to Ihc payment of Tho.. term "serious and wilhJ aa -under the 'present law, upon the workinfman. coiiduci" is necessarily one whieh Worfcmtn's Act IMT .pust depend upon tho, varying cir- JcumsUncos of each particular case for its precise interpretation. What The act of 189? kft entirely nn" may not constitute scrfcma ittcd employees to contract put of found that the direct results of such touched both the common Uw of i or wilful wiseoflduct m the 'nature of his employment, the' sum so paid shall not be reckoned aa part of 'the earmnfg. The amount of compensation pay- able in the case ot a death from injiry t from 'accident diflem ac- cording as to whether person leaves: (2) Partial dependents, _ i J Compensation payable- in cases of this kiuu- will be of weekly payment ings. Earnings of course are always from the incapacity of-'ftfty different from wages. JThere is a provision in .this -act which declares that where the em- ployer has been accustomed to pay to the workmen a sum to cover any special expenses entailed on him by of the Injured person's averager week- Jy .earnings. Such weekly payment shall not exceed in any case the sum of fivev dollars.- en -Following Pago.) If yov to keep im tovck witk tU f timers of the Lctk- Advertise im tke Weekly of Tkt HermU. It emjoyi (U rt of fkis Strict of My MWI ;