1940: Workmen's Compensation

United States.

The State of Mississippi is now the only state in the United States without a workmen's compensation law. Arkansas approved its suspended workmen's compensation law by a referendum vote in 1940. The Bureau of Labor Statistics of the United States Department of Labor states that approximately 1,600,000 persons in industry were killed or injured in 1939; 16,400 fatalities or permanent disabilities, and 109,400 partial but permanent impairment accidents took place. Of the whole, 1,477,700 accidents involved total disability for a temporary period. These figures indicate that there was but a slight decrease in the industrial accident rate.

Little change in the compensation laws occurred during 1940, but much attention was focused on the adequate administration of these laws. Kentucky, however, increased the duration and the maximum amount limits of accident compensation in cases of death and total disability. In New York State benefits to totally disabled silicosis victims were increased from $3,000 to $5,000 maximum, to take effect December 1943. Medical care was extended to 360 days instead of 180 days beyond the first 90 days of continuous treatment.

New York celebrated the twenty-fifth year of Workmen's Compensation. Senator Robert Wagner, who first introduced the workmen's compensation measure in the New York State Legislature, and John B. Andrews, Secretary of the American Association of Labor Legislation, an organization which has fostered workmen's compensation in practically every state, were the outstanding participants in the celebration.

Alabama lowered her excessive numerical exemption of sixteen to 'employers of eight or more,' reduced the waiting period from two weeks to seven days, and required bond or proof of financial ability from non-insuring employers.

The reports of the State Industrial Commission of Wisconsin reveal that the number of silicosis claims fell to about five a month. In Wisconsin victims of this occupational disease receive compensation benefits equivalent to those received by workers disabled in industry.

In 1940 the New York State Legislature made some liberal changes in the Workmen's Compensation law. These substantially increase the maximum limits on labor cash compensation and medical care. The law, however, is still inadequate in its silicosis provisions. Silicotics are denied equal protection under the law. Those who are only partially disabled are denied both the right of compensation and the right to sue for damages. A similar condition exists in the Pennsylvania Workmen's Compensation law. (See also INSURANCE.)

Foreign.

There are significant trends in the field of workmen's compensation in Europe and Canada which will undoubtedly affect our own defense program. Personnel of ships of Canadian registry, or Dominion salt-water fishermen who die or are disabled as a result of 'enemy warlike action or counter action against the same' are covered by regulations providing for: (1) the payments of pensions; (2) free medical, surgical or other treatment, and compensation for loss or war damage to personal effects. In case of death or disability pension are payable to wife, widow, or orphan children of the deceased or disabled man.

In England under the Personal Injuries Act (Emergency Provisions) effective Sept. 3, 1939, war injuries sustained by civil defense volunteers and gainfully occupied persons are compensated for by pensions and allowance.