THE CUBA REVIEW 11 



If it shall be proven that the injury to the employee has been due to inexcusable fault of 

 the employer or his representative, the compensation may be increased, provided the total 

 compensation to be substituted thereby shall not exceed the sum of the annual salary of the 

 injured. 



If payment of compensation by the employer for injuries to the employee be not made in 

 due time, the injured employee, besides the guarantee provided by the Insurance Companies 

 for the protection of said compensation, shall have the right of legal attachment to the property 

 of the concern or industry of the employer causing the injury, m the form prescribed by the 

 Civil Laws in similar cases. 



Notice of any injury causing disability to work shall be given within twenty-four hours 

 after disability by the employer or his representative to the City Judge of the respective dis- 

 trict, giving the name of the injured, and of the witnesses to the accident, and said notice shaU 

 be accompanied by a physicians' certificate stating the condition of the injured, the probable 

 consequence of the injury and the time when, according to his judgement, it shall be possi- 

 ble to know the definitive results of the injur.y. In case of failure of the employer to comply 

 with this requirement, he shall incur a fine of one hundred pesos. 



The injured employee shall be entitled to have a phj^sician and druggist of his own selection. 

 But in this case the employer to which reference may be made shall not be obhged to pay the 

 expenses thereof until the Municipal Judge of the district shall determine the physician's 

 fee and appro-ve the druggist's biU. 



The employer shaU be exempt from the obligation of paying the cost of sickness and com- 

 pensation to which the injured may be entitled by testifying to the following: 



(a) To have insured his employees in some Insurance Company legally constituted. 



(b) That said Company guarantees to the insured medical and pharmaceutical assistance 

 besides a daily compensation. The compensation to which the Insurance Company is liable 

 shall amount to the corresponding sum within the provisions of this Law. 



In every case of injury to an employee, the employer shall have to provide for the first 

 treatment of the injured, including medical and pharmaceutical assistance, and also the fimeral 

 and burial expenses, the last two requisites not exceeding the sum of thirty pesos. 



All the employees engaged by the concerns or parties referred to in this Law must be 

 insured by the employer, as directly responsible for the accidents that may happen to his 

 employees in the performance of their work. The obligation to insure the employees comprised 

 in the compensation designated by this Law^ is ineludible in every case. In those cases in which 

 the work shall not be steady, said obhgation of insurance shall be limited to the extent of the 

 work. In no case, under no circumstances nor in any form, shall the employer retain, directly 

 or indirectly, any portion of the employees' salary for the maintenance of the insurance taken 

 in the fulfilhnent of the prescribed by the present Law, and the premiums of said insurance 

 shall be paid by the employer, and said insurance shall comprise all the accidents, including 

 the unnatural death of the employee caused by the work. 



If the work be done for the Federal Government, for the Province or for the Municipality, 

 by virtue of pubHc contract or adjudication, the insurance shall be paid by the bidder obtaining 

 the work. 



These provisions shall also be appUed even if the number of employees be less than five, 

 provided the work involved be five metres above the level of the ground, and in which work 

 movable or stationary scaffolds be used. 



Any person who shall try to evade the habihties originated by this Law reducing the 

 salaries of his employees, or in any manner, directly or indirectly, shall try to frustrate its 

 provisions, shall be amenable to prosecution in accordance wdth the rulings of the Law of 

 Criminal Procedure. 



The Accident Insurance Companies, in order to transact business thereof, shall submit 

 beforehand their By-Laws to the approval of the Government, and they shall be subject to the 

 inspection and surveillance of the proper authorities. Besides, they shall furnish sufficient 

 security for the fulfillment of their obligations. 



For the observance of this Law, all persons comprising the crew or in the muster-roll of a 

 vessel shall be considered as employees, provided said vessel carries the Cuban flag and said 

 persons receive a salary or any pay, wdth the exception of the captain. 



