freed from responsibility for
accidents due to the negligence of other employees, "fellow servants,"
even when it was impossible for him to know their character and
reputation as in the case of a large factory or of a great railroad.
Sec. 6. #Development of compensation for accidents#. In some countries of
continental Europe, notably Germany and France, the law of employers'
liability was altered in favor of the worker early in the nineteenth
century, so as to make compensation more usual and adequate. Since
1885, especially, this liability has been much further extended in
many countries and in various directions, and yet the laws of accident
compensation still retain many features of the old liability laws and
remain in their legal character somewhat apart from the other branches
of social insurance. Even in the newer type of "compensation" laws the
indemnity paid by employers on account of accident is looked upon as
commuted damages, but the old employers' defenses, just named, are
abolished or made more difficult to plead. The new plan has the
advantages of granting compensation by a schedule fixed in the law,
insuring greater certainty, more adequate payments, greater ease of
securing redress, and abolishing the cost of law suits. Still, in most
countries and in most states in America, the worker has the option
of suing under the old law. In some forty countries the principle of
compensation by a prearranged schedule of rates has to some degree
replaced that of litigation, and determination by a jury of the
damages, in each separate case. The insurance spoken of in relation to
accidents is technically that which the employers may or must take to
protect themselves against loss, not that which the workman has.
The situation as to compensation in a few leading countries is as
follows, the dates given being those of important legislation.
ACCIDENT INSURANCE
_Voluntary_ (as to employers insuring, but compulsory compensation).
Great Britain, 1897, 1906, 1907.
France, 1898, 1907, (compulsory for seamen, 1898, 1905).
Denmark, 1898, 1908.
Belgium, 1903, (voluntary except for miners).
_Compulsory insurance of their risks, by employers_.
Belgium, for miners, 1868.
Germany, 1884, (in employers' associations), 1887, 1900,
1911 (voluntary for some classes).
Austria, 1887 (as in Germany), 1894 (voluntary for some
classes).
Norway, 1894 (in a state central insurance offi
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