48 BELGIUiM - INSURANCE AND THRIFT 



This general provision it is easy to understand; the intention was to 

 prevent the victims of accidents or their representatives, finding themselves, 

 through an vinintelligent use of the compensation paid, in need after 

 they have received it. It is to be understood, therefore, that the authors 

 of the law would have preferred to establish an annual pension. But, in 

 case of agricultural labourers, we think the judge should be free, while 

 taking the necessary precautions, to grant a money compensation, because 

 experience shows that the victims of accidents might then become small 

 farmers. There are now already many such victims permanentl}^ disabled 

 who are now farming and the number would increase if means for 

 their installation were granted them. We have carried out an enquiry into 

 this matter for the account of the Caisse Commune d' Assurance des Cidliva- 

 feurs Beiges. Of course the figures we have collected refer to too limited 

 a number of cases, but we may conclude from them that already man)^ in- 

 valided agricultural labourers, no longer able to continue their work, 

 have become small farmers. The desire we have expressed above is of 

 especial importance for an agricultural country very much subdivided, 

 as most of Belgium is. 



It is not possible here to enter into details with regard to the compens- 

 ation in case of mortal accidents. By art. 6 of the law such compens- 

 ation is subject in certain cases to the condition that the victim has been 

 the "support" of the persons to be compensated, especially of his parents. 

 Now, above all in agriculture, this gives rise to many difficulties. 

 Investigation is most usually difficult. How were the parents in need of 

 the earnings of their child and how far did he assist them ? Again, often 

 working people who are economical are refused compensation because they 

 are in possession of comparative comfort acquired by their toil and their 

 domestic virtues, whilst others less industrious and less economical and 

 poor, it may be, largely through their own fault, have no difficulty in 

 obtaining the legal compensation. 



Also some remarks must be made in regard to the calculation and 

 distribution of the compensation in case of death, according to the pro- 

 visions of the law. The central division of the Belgian Chamber of Re- 

 presentives was in favour of another system. I believe that it would 

 have made a better distribution of the compensation, more in proportion 

 to the real loss sitffered by each of the heirs. 



Again, according to art. 39 of the law, the compensations may be sub- 

 jected to revision at the end of three years from date of the agreement en- 

 tered into between parties or the final judgment settling the amount of com- 

 pensation. The German Reichsversicherungsamt admits use as justifying 

 action for revision of compensation. In Belgium, most of the jvrdges re 

 quire, before allowing the claim for revision, that there be some physical 

 alteration in the lesions existing at the date of the previous regular settle- 

 ment of the compensation. It is, however, certain that use has, in practice 

 a marvellous compensating eflEect. Very often, in a short time, labourers who 

 have lost a part of a limb for example, a finger or a portion of one, learn to 

 supply the loss suffered, by similar or neighbourning organ? which become 



