Liability And Compensation Insurance Industrial Accidents And Their Prevention

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, 111. , Ind. , la. , Kan. , Ky. , La. , Me. , Mass. , Mich. , Minn. , Mont, Neb. , Nev. , N. H. , N. J. , Ore. , Penna. , R. I. , Tex. , Vt. , W. Va, Wis. , Alaska.
COMPENSATION LEGISLATION 105 visions of the act and either may elect to remain under the system of employer's liability. This privilege of election is of little practical significance, however, for the alternative to acceptance is highly disadvantageous to both classes. The employer who refuses to elect the act is, in practically a
...ll cases, made liable for dam- ages under the common law with the defenses of as- sumption of risk, common employment, and contribu- tory negligence removed. If the employee rejects the act the employer is permitted to make use of these de- fenses. 3 Further, in practically every act, election is automatic employers and workmen are presumed to have elected compensation unless they serve notice to the contrary. These provisions achieve the purpose for which they are inserted, that of bringing the ma- jority of the laboring population under the compensa- tion act.

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