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THE GREEN BAG
explains its purpose and scope. It is trans lated as follows : — "ART. i. Accidents resulting from work or during the progress of same to workmen or employees engaged in boat-building, factories, manufactures, yards, the business of loading and unloading, public warehouses, mines, quarries, and, in short, in every kind of work, in whole or in part, in which are made or handled explosive substances, or in which is used any machine moved by power other than that of man or animals, gives the right to an indemnity at the expense of the employer, provided that the interruption of work has continued for more than four days." It should be noted that the above pro visions do not apply to the employees of agriculturists, excepting those who are in jured by "machinery moved by power other than that of man or animals." The second paragraph of this article (Art. i) contains the following remarkable provision, which remotely suggests the "fel low servant rule." "Workmen who ordinarily work alone may not be brought under the present law by the accidental collaboration of one or several of their fellows." The interpreta tion and application of this subtle proviso, the writer begs to leave to the wisdom of a future generation. The most important provisions of the law under discussion are as follows : "ART. 2. Workmen and employees des ignated in the preceding article may not recover for accidents of which they are the victims in their work by any other pro visions than those of the present law. "Those whose annual salary exceeds 2,400 francs shall benefit by these provisions only to the extent of that amount. For the surplus they shall have the right to only one fourth of the annuity (rente) stated in Art. 3, in the absence of special agreement increasing the proportional amount." "ART. 3. In the cases mentioned in the foregoing paragraph the workman or em ployee has the right : —
"For absolute and permanent disability, to an annuity equal to two thirds of his annual salary. "For partial and permanent disability, to an annuity equal to half the reduction which the accident has occasioned to his annual salary. "For temporary disability, if the said dis ability has lasted more than four days, to a daily indemnity without distinction be tween working-days and Sundays and legal holidays, ecjual to half the salary earned at the time of the accident, unless the income was variable; in the latter case the daily indemnity shall be equal to one half the average earnings on working-days during the month preceding the accident." The families of workmen dying as the re sult of injuries may receive indemnities. The surviving consort is entitled to an an nuity equal to 20 per cent of the annual salary of the victim. Art. 3, a. As to children the rule appears to be as follows: Orphans as to one parent only may receive not more than 40 per cent of the annual salary of the victim; orphans as to both parents, not more than 60 per cent. Art. 3, b. Relatives of a workman dying as the re sult of an accident in his work and leaving no wife or legitimate children him surviv ing may recover not more than 30 per cent of the annual salary of the victim, payable in fixed proportions, to the ascendants for life, to descendants until they respectively attain the age of 16 years. Art. 3, c. These annuities are payable quarterly: they may not be assigned or seized. Rela tives residing in a foreign country may not recover, except by treaty guaranteeing to French citizens equivalent rights in the country in which they reside. Art. 3, c. The employer must pay for medical treat ment and funeral expenses, the latter not to exceed 100 francs. Art. 4. From the foregoing it will be seen that the effort of the Legislature has been to provide pensions for employees injured in
