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1076

(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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1076 xvi. labour legislation and social statistics of sweden.

mensurate with the diminution in capacity for work, to run from and after the
61st day after the accident, or from the subsequent date at which the accident
shall be proved to have occasioned permanent loss of, or diminution in, the
capacity for work; it is stipulated that no annuity is to be paid, unless the
capacity for work be diminished to the extent of at least one tenth; e) if the accident
results in death within the lapse of a year: firstly, 60 kronor (£ 3*3) for funeral
expenses, and, secondly, an annuity to the widow as long as she remains in that
state of 120 kronor (£ 6’6), and to every one of the children under age an annuity
of 60 kronor, until it reaches the age of 15. If the annuities to be paid should
together exceed 300 kronor (£ 16-5), they are to be proportionately reduced so
as not to be more than that figure.

The law states in further detail, when loss of capacity for work may be
considered to exist, and also the different percentages of diminution in the capacity
for work which different forms of injury are considered to represent.

The widow or children of a foreigner are not entitled to an annuity, unless
at the time of the accident they were resident in the country; during such time
as a person who is entitled to an annuity is resident out of the country, he is not
permitted to draw such annuity. The Government may, however, provided mutual
terms are agreed upon, make exceptions to the two above-mentioned provisoes, if
it see fit. If an annuitant is condemned to prison or to hard labour, he may
not draw his annuity while he is undergoing his punishment.

Supposing that, when a workman has been injured by accident, he receives
in consequence thereof support from some fund, which has been wholly or in part
provided by contributions from his employer, or if the workman have been
insured at the charge of his employer in other ways than through the agency of
the National Insurance Office hereinafter mentioned, the amount of the relief to
be paid out from such fund or other insurance agency, shall be deducted from
the allowance to which, under other circumstances, the injured party would be
entitled. A similar deduction is to be made from the amount of compensation
for injury from accident already paid out in pursuance of other laws.

The right to compensation just referred to, does not preclude claims to
damages otherwise payable in consequence of accident; an employer, however, may
deduct the amount of compensation payable by the law now under discussion
from the amount of said damages. If anyone other than the employer is liable
to pay the damages, the employer is entitled to take the damages, if the
corresponding amount of compensation, due in accordance with the terms of the
present law, has already been paid.

An employer can insure his workpeople against accident in a National
Insurance Office (Riksförsäkringsanstalten), so that, as long as that insurance hold*
good, he is exempt from paying the compensation prescribed by this law. The Office
is entitled to make deductions, according to the above stated principles, for damages
already paid, and also, after notice has been given to the person who has to pay
the damages, to take from him the amount of the damages, in the place of the
person to whom the damages accrue, provided that amount is paid ont from the Office.

By the purchase of an annuity in the Office an employer can liberate
himself from the obligation of paying such an annuity, and he then possesses the
same right as the office to take the amount of damages from any other party
who is liable to pay them.

Notice of any accident, by which a workman has been injured, must be made
without delay to his employer or the foreman of his department; a doctor
should be called in to attend the injured man. Omission to comply with either of
these directions may involve a diminution in the amount of compensation awarded.

If the injured man has not been insured in the National Insurance Office
by his employer, the parties to the case, the court or the adjudicators, shall not

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