THE CUBA REVIEW 



vided by this Law in case of injury, though they may happen to be helped in the work by one 

 or more fellow-workers, provided tbey work alone ordinarily. 



The employer shiAl be liable for the accidents that may occur to his employees on account 

 of and in the performance of the profession or work while in his employment. The liability 

 of the employer shall be supposed to be in regard to all injuries occasioned in the cases foreseen 

 in this Law, without any other exceptions than those specified therein. 



Therefore, for the observance of this Law, every person, concern, partnership, company or 

 corporation employing generally more than five persons shall be considered as an employer, as 

 including the legal repiesentative of the respective employer. 



By annual salary or wages of a workman or employee is understood the actual remunera- 

 tion to which such an employee is entitled for his work up to the maximum limit of one thousand 

 and ninety-five pesos, diu-ing the period of twelve months under employment, said sum always 

 counted before the accident. In the case of employees who have been engaged by the einployer 

 less than twelve months, it shall be understood the actual remuneration said employee may 

 have received from the time he entered the employment of that concern, with the addition of 

 one-half the remuneration said employee or other employees of the same capacity should re- 

 ceive during the necessary period of time to complete the twelve months. 



If the work be not steady, the annual salary shall be calculated in proportion t^;^^ salary 

 received during the time actually employed during the rest of the year. 



The salary that shall be fixed for the compensation allowed to employees of less than 

 eighteen years of age or apprentices who might get injiued shall not be less than the salary 

 generally paid to other employees engaged by the employe! . 



The employer shall not be held liable for any injury to his employees due to powerful 

 forces foreign to the work. No compensation shall be paid, in accordnace with the provisions 

 of this Law^, for injuries not resulting in the disabihty of the workman or employee to earn his 

 salary during a period of not less than tw^o weeks, but if the disabihty shall go beyond a period 

 of tw o weeks, the compensation shall commence from the day of the injmy. 



The employee shall lose all rights to compensation if it be proven that the injury was due 

 to the wilful intention of said employee. 



The provisions of this Law are apphed to the navy-yards, armories, powder magazines 

 and to other industrial establishments of the Government. Likewise it shall be apphed to the 

 Provincial Go\ernments and MunicipaUties of Cuba in their respective cases, as well as in the 

 public w^orks undertaken through any of the Departments of the Government. 



The compensation to which employees are entitled according to the provisions of this Law 

 shall be as follows : 



1. For total or permanent disabihty, to a compensation equal to two-thirds of his annual 

 salar3^ 



2. For partial or permanent disability, to a compensation equal to one-half of the loss of 

 annual wages. 



3. For temporary disability, to a daily compensation, including Sim days and hoUdays, 

 during the inabihty to return to work, equal to one-half of the salary received by the 

 employee at the time of the injury, unless the salaiy be variable, in which case the compensa- 

 tion shall be equal to one-third of the average of the salary resulting, calculating the salary 

 received during the two months preceding the day of the injury. 



4. In case of death of the employee, the following persons shall be entitled to compensa- 

 tion under the following conditions: 



(a) If there be a surviving wife (or husband) hving at the time under the same roof of the 

 deceased, or legally separated on account of causes ascribed to the deceased, provided the 

 marriage contract had taken place previous to the accident, to such wife (or husband) a life 

 compensation of twenty per centum of the annual salary of the deceased. 



(6) The legitimate, natural or adopted surviving children, recognized as such before the 

 accident, whose mother be living, provided said children be under age of eighteen years or 

 unable to work due to mental incapacity or physical defect, though they be of age, and pro- 

 vided they were dependent of the deceased, to a compensation calculated on the basis of the 



