150 
FOURTEENTH REPORT. 
f 
TILE STATUS 
OF 
WORKMEN’S COMPENSATION 
IN THE UNITED STATES. 
LEGISLATION 
It is a fact of no small significance that simultaneously in seven 
states of the Union — California. Kansas, New Hampshire, New Jersey, 
Washington, Massachusetts and Ohio — the several legislatures should 
have enacted Workmen’s Compensation legislation in the year 1911. 
Similar legislation had been enacted prior to this date in Oregon, New 
York, and by the Federal Congress. This legislation is the product of 
wide spread belief in the necessity for radical reformation of our laws 
pertaining to accidents among workmen in our industries. Our legis- 
lative bodies have been very slow in recognizing the necessity for these 
laws. Several reasons contribute to their general awakening. (1) The 
number of accidents in industrial pursuits has rapidly multiplied witli 
the consequent results of burdened courts, miscarriage of justice, and 
heavy demands upon charity. (2) Efforts to find solution by more 
stringent employer’s liability laws have proven unsatisfactory. (3) 
The influence of other nations which have already taken this advanced 
ground. 
A cursory examination of the laws of the several states reveals many 
similar features, as well as many diverse provisions. The diversity is 
due partially to the different industrial conditions in the various states. 
More especially is it the result of no unanimity of mind as to the best 
provisions of such a law. The model law is yet to be drafted and must 
be the result of an evolutionary process, in which different features 
must be subjected to trial, weaknesses detected and remedied, until an 
acceptable law is secured. 
Before assuming the discussion of the particular features of these 
laws, it may be well to consider the definite purposes underlying these 
statutes. I. Primarily, all seek to insure compensation for accidents, 
whatever may lie tlie cause of the accident. (2) To save a considerable 
part of the present cost due to litigation. (3) To provide administrative 
tribunals where disputes between the two parties concerned may be ad- 
justed promptly, cheaply and conclusively. (4.) To minimize the number 
of accidents of industry by automatic restraints. Reliable statistics show 
that three times as many persons in proportion to the number employed, 
are killed or injured in the course of employment in United States as 
in any other country of the world. 
Parenthetically, we should remind ourselves of the requirements which 
the common law- has necessitated on the part of both the employer and 
employe. The one is obliged to furnish a safe place for the laborer, to 
provide reasonably competent fellow workmen and subject all employes 
to reasonable regulations. The other is expected to exercise reasonable 
care in observance of such rules and to assume all ordinary risks in- 
cident to the business, as well as the negligence of fellow workmen. If 
an employe is negligent in any one of these particulars, he will not be 
able to recover damages even though at the same time the employer is 
