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Rhode Island

NEW JERSEY

"1-3. Contract not to bar liability. If an employer enters into a contract, written or verbal, with an independent contractor to do part of such employer's work, or if such contractor enters into a contract, written or verbal, with a subcontractor to do all or any part of such work comprised in such contractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer under this act for injury caused to an employé of such contractor or subcontractor by any defect in the condition of the ways, works, machinery or plant if the defect arose or had not been discovered and remedied through the negligence of the employer or some one entrusted by him with the duty of seeing that they were in proper condition. This paragraph shall apply only to actions arising under section one."

The foregoing paragraph does not apply to compensation cases, but only to common-law actions under § 1 of the Act. It applies to actions for death under the enabling Act of March 3, 1848. See § 1, 4. There is no provision in the New Jersey Act that contractors shall be liable for compensation to the employés of subcontractors.

NEW YORK

There is no provision on this subject in the New York Statute.

OHIO

There is no provision on this subject in the Ohio Statute.

OREGON

There is no provision on this subject in the Oregon Statute.

RHODE ISLAND

There is no provision on this subject in the Rhode Island Statute.

Wisconsin

TEXAS

"Part II, § 6. If a subscriber enters into a contract, written or oral, with an independent contractor to do such subscriber's work, or if a contractor enters into a contract with a subcontractor to do all or any part of the work comprised in such contract with the subscriber, and the association would, if such work was executed by employés immediately employed by the subscriber, be liable to pay compensation under this Act to such employés, the association shall pay to such employés any compensation which would be payable to them under this Act if the independent or sub-contractors were subscribers. The association shall, however, be entitled to recover indemnity from any other persons who would have been liable to such employés independently of this section, and if the Association has paid compensation under the terms of this section, it may enforce in the name of the employés or in its own name and for its own benefit the liability of such other persons. This section shall not apply to independent or sub-contractors or any contract which is merely auxiliary and incidental to, and is no part of or process in, the trade or business carried on by the subscriber."

WASHINGTON

Where work is done under a public contract the original contractor pays the entire premium into the State fund on the payroll of his own and his subcontractors' employés. The contractor is empowered to collect from the subcontractor the latter's proportionate share of such premiums.

WEST VIRGINIA

There is no provision on this subject in the West Virginia Statute.

WISCONSIN

"§ 2394-6. An employer subject to the provisions of sections 2394-3 to 2394-31, inclusive, shall be liable for compensation

Wisconsin

to an employé of a contractor or subcontractor under him who is not subject to sections 2394-3 to 2394-31, inclusive, and has not complied with the conditions of subsection 2 of section 2394-24 in any case where such employer would have been liable for compensation if such employé had been working directly for such employer. The contractor or subcontractor shall also be liable for such compensation, but the employé shall not recover compensation for the same injury from more than one party. The employer who shall become liable for and pay such compensation may recover the same from such contractor or subcontractor for whom the employé was working at the time of the accident.

"§ 2394-6 shall be in force as to all contracts made subsequent to August 31, 1913."

A workman suffered total disability for eight weeks as a result of an injury which occurred in the construction of a bridge. He was employed by Mr. Zachau, who did not have a contract with the respondent, a municipal corporation, but who furnished the machinery, took charge of operations, and hired framers whom he paid by the day. The applicant for compensation was one of these day laborers. It was held that the applicant was employed by the municipal corporation and compensation was awarded. Harry Peabody v. Town of Superior, Dec. Wis. Indus. Com., June 1, 1912.

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"The employer shall not be liable under this Chapter in respect of any injury which does not disable the workman for a period of at least two weeks after the date of the accident from earning full wages at the work at which he was employed, at the time of the injury." § 71.

CALIFORNIA

"§ 15. (b) 1. If the accident causes disability, a disability indemnity which shall be payable for one week in advance as wages on the fifteenth day after the injured employé leaves work as a result of the injury, and thereafter on the employer's regular payday, but not less frequently than twice in each calendar month, unless otherwise ordered by the commission, subject, however, to the following limitations:

"(1) If the period of disability does not last longer than two weeks from the day the employé leaves work as the re

Maryland

sult of the injury, no disability indemnity whatever shall be recoverable.

"(2) If the period of disability lasts longer than two weeks from the day the employé leaves work as the result of the injury, no disability indemnity shall be recoverable for the first two weeks of such disability."

CONNECTICUT

"Part B, § 8. Waiting Period. No compensation shall be payable under this act on account of any injury which does not incapacitate the injured employé for a period of more than two weeks from earning full wages at his customary employment; but if incapacity extends beyond a period of two weeks compensation shall begin on the fifteenth day after the injury."

ILLINOIS

No compensation is allowed during first six working days of disability. Compensation begins on the eighth day. §8, (b).

IOWA

"§ 10. (g) No compensation shall be paid for an injury. which does not incapacitate the employé for a period of at least two weeks from earning full wages; but if incapacity extends beyond a period of two weeks, compensation shall begin on the fifteenth day after the injury."

KANSAS

"The employer shall not be liable under this act in respect of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he is employed." § 1 (a).

MARYLAND

“§ 5. (III) *** The contract or policy herein referred to may provide that no benefits shall be paid in case of any injury which does not incapacitate the employé for a period

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