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1077

(1904) Author: Gustav Sundbärg
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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.

1077

thereby be precluded from free of charge taking the opinion of the Office, as to
whether the kind of work being done when the accident occurred, comes under the
purview of the act, or as to the extent to which the injury received may be considered
to have caused diminution in the capacity to work of the person so injured.

If the estate of the employer be surrendered for the benefit of his creditors
ia bankruptcy, a dividend shall be paid on an annuity claim, consisting of the
united amounts of the capital value of the interest on the day on which payment
is due, and of the annuity running to the same date. With the sum of money
payable as the capital value of the annuity, an annuity in the National Insurance
Office shall be purchased for the injured workman, provided the annual sum to
be obtained through the Office be not less than 46 kronor (£ 2’s).

8bould an employer neglect to pay an annuity as it falls due, or if a pri- ’
vate employer of labour gives up his business, or goes abroad to live, or if his
business passes into other band, or if a petition in bankruptcy be filed against
him, the annuitant is empowered to sue before the competent authority for
a security or pledge to be lodged for the payment of his annuity. If such
security be not lodged within the prescribed time, the capital value of the annuity
shall be paid down and, in cases where an injured workman is concerned, an
annuity shall be purchased in the National Insurance Office for the capital amount
of the previous annuity.

The right to compensation cannot be transferred to another person, nor can
it be distrained upon for debt.

If an employer desires to make an agreement on the basis of a special
arrangement with his workmen, in respect to the compensation to be accorded in
case of accidents in the future, he is entitled to submit such arrangement to the
National Insurance Office, to hear the opinion held of it. The arrangement in
question may not receive the sanctioning approval of the Office, unless it appear
that the terms of the same are favourable to the workmen. An agreement, drawn
up in writing and signed on the basis of and in accordance with an arrangement
approved by the Office, shall be binding at law. The approval accorded by the
Oiffice can be at any time rescinded, but that act will not affect the binding
nature of an agreement made before the employer has become aware of the action
of the Office in canceling its approval. An agreement entered into in another wise
will not be legally binding, unless it have been made in writing subsequent to
the accident (or the death of the injured person). An agreement to the effect
that a workman shall receive a lump sum in place of an annuity, is not valid,
unless the amount of the annuity be less than 45 kronor a year.

An employer, engaged in other branches of trade or industry than those
covered by the terms of the Act, is entitled to afford his workmen the benefits
of compensation for injury in cases of accident by means of insurance in the
Office; in the same way, any workman is at liberty to employ the same means
for providing himself with the same claim to compensation in case of injury.

The insurance premiums are to be fixed in relation to the comparative danger
of the work engaged in, in general, and to the special circumstances surrounding
its prosecution, in accordance with the principles of the technics of insurance
which dictate the measures necessary for covering the probabilities of risk to which
the Office lays itself open by its insurance. The charges for the organization
and administration of the National Insurance Office are to be defrayed out of the
public treasury.

The National Insurance Office (Riksförsäkringsanstalten), established through
this law, commenced its activity on January 1, 1903.

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