FREE BOOKS

Author's List




PREV.   NEXT  
|<   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309  
310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   >>   >|  
to be provided be means of some mutual organization of the insured, or of the employers, or by the state. Insurance may be _contributory_ or _noncontributory_. It is on the contributory plan when the insured workers contribute something toward the premiums that provide the funds for eventual payment. It is noncontributory when the funds are provided either by the employers or by the state without any payments from the insured. Insurance may be (a) in _private_ companies, carrying on the business for profit; or (b) in _mutual_ companies of workingmen, or of employers insuring themselves against the cost of compensation in case of accident to their employees; or (c) in a _state_ bureau, or fund, organized and conducted by government. Sec. 5. #Historical roots of accident insurance#. The different kinds of social insurance had different origins, some knowledge of which is necessary to an understanding of the present situation. These origins still affect the nature of social insurance to-day, and have prevented the development of a truly unified and logical system in accord with present conceptions of needs and of justice. Accident insurance had its beginnings in the liability of employers for accidents that happened as a result of the employer's negligence, a principle found to some degree in all countries. Thus the earlier payments to workers in cases of accidents were not insurance indemnity but merely damages collected in court for the fault of the employer. In Great Britain and the United States, indeed, by judicial interpretation the law grew more strict as against the claims of the workers, until about 1880 in Great Britain and 1910 in the United States. To collect damages it was not enough for the workman to prove the employer's negligence, for collection was made more difficult by (1) the doctrine of contributory negligence, (2) the doctrine of the assumption of risk, and (3) the fellow-servant doctrine. By the doctrine of contributory negligence, the workman's claim could be defeated by showing that he had by his carelessness contributed to the accident even when the employer had been negligent. By the doctrine of assumption of risk the workman was presumed, in entering upon employment, to have taken upon himself the risks usually incident to the employment, including the chance of imperfections in the machinery, of which he might by some care have known. By the fellow-servant doctrine the employer was
PREV.   NEXT  
|<   285   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309  
310   311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   >>   >|  



Top keywords:
doctrine
 

insurance

 

employer

 

contributory

 

employers

 

negligence

 
accident
 
workman
 

workers

 
insured

servant

 

fellow

 
Britain
 

assumption

 

States

 

origins

 

present

 

Insurance

 
social
 
noncontributory

United

 

mutual

 
damages
 
payments
 

employment

 

provided

 

accidents

 
companies
 

indemnity

 

claims


collected

 

interpretation

 

strict

 

judicial

 
collection
 

presumed

 
entering
 

negligent

 
contributed
 

chance


imperfections

 

including

 

incident

 
carelessness
 

machinery

 

difficult

 

collect

 

defeated

 

showing

 
earlier