Full resolution (JPEG) - On this page / på denna sida - Second part - XVI. Labour Legislation and Social Statistics - 1. Labour Legislation. By A. Raphael, Ph. D., D. C. L., Stockholm - Accident, Incapacity, and Old Age Insurance. Compensation for Injury arising from Accident while at Work
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accident, incapacity and old age insurance.
1075
prescribe that private individuals or companies, who employ a body of troops to
do work for them, shall be constrained, in case any soldier or sailor shall be
wounded or injured while in their employ, to make him a yearly allowance
proportionate to the injury received and the suffering thereby occasioned. If death
ensue immediately, or within a year and a day of the accident, the widow shall
receive an annual allowance as long as she remains a widow, and also every one
of his surviving children still a minor, until the youngest shall have reached the
age of 15. Finally, the law of 1886 concerning responsibility for injury arising
from railway traffic enacts that if anyone engaged in the service of the railway,
or working upon it, be killed or injured while carrying on such work or
employment, the proprietor of the railway is liable to pay damages, provided the man
who suffered the injury have not brought it down upon himself by infringement
or neglect of the regulations in force, or by some other gross carelessness. That
holds good also if the injury has been caused by the working of another railway,
provided the proprietor of that railway be not himself, by reason of the
above-mentioned stipulations, liable to make recompense for the injury received. As
regards the assessment of the damages to be paid, the law refers to the
Penal Code, but enacts, furthermore, that if the person who has suffered
bodily injury, be entitled by virtue thereof to receive a pension or other
allowance from a fund, which has been entirely or very materially formed by
contributions from the proprietor of the railway, or if the injured party have
been insured against accident by the proprietor of the railway, then the said
proprietor of the railway shall be exempted, to the extent to which the injury is
thereby compensated, from his obligation to make restitution.
The bill brought in, as above mentioned, in the session of 1900,
was not passed, but as it had been favourably dealt with by the Special
Committee, and had even met with the approval of the Second Chamber
with certain provisoes, among others that a national institution should
be founded for voluntary insurance, the Government thought well to
bring in the bill in a somewhat revised form in the following session
(1901), and it was then accepted and passed by the Riksdag. The chief
provisions of the law of 1901 are as follows:
If a workman or foreman be injured in consequence of an accident while
at work in certain branches of industrial activity, his employer is liable to
pay him compensation. The injury, however, may not be such as the injured
man has purposely or by gross carelessness occasioned, nor such as has been
purposely caused by any third person, he not being a superintendent or other officer
in authority in the works; nor may the injury have been brought about by any
cause not connected with the nature of the work in hand or with the
circumstances under which it is pursued. The injury must be the result of accident,
arising out of the prosecution of the trade or industry of the employer. The State
or any community, if they carry on any work of a similar nature in the manner
of a trade or industry, shall be liable in the same way to pay compensation.
The compensation to be paid is fixed at the following figures: a) If the
accident have caused serious diminution in the injured person’s capacity for work for
more than 60 days after the accident: 1 krona (l-io shillings) for sick relief per day,
from and after the 61st day, until the injured person be restored to health or the
accident be proved to have occasioned permanent loss of, or diminution in, the
said injured person’s capacity for work in the future; b) if the accident have
occasioned permanent loss of, or diminution in, the capacity for work: an annuity, in
the former case, of 300 kronor (£ 16-5), in the latter, of such an amount as is com-
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