certain) by leave of court, be paid by the employer, or by the insurance company carrying such risk, as the case may be, to any savings bank or trust company of this State, in good standing, and such sum, together with all interest thereon, shall thereafter be held in trust for the employee or the dependents of the employee, who shall have no further recourse against the employer. The payment of such sum by the employer, evidenced by the receipt of the trustee to be filed with the insurance commissioner, shall operate as a satisfaction of said award as to the employer. Payments from said fund shall be made by the trus tee in the same amounts and at the same time as are herein required of the employer until said fund and interest shall be exhausted. In the appointment of the trustee, preference shall be given, in the discretion of the court, to the choice of the injured employee or the dependents of the deceased employee, as the case may be. SEC. 44. In case of death, where no executor or administrator is quali- Administrators. fied, the said court shall, by order, direct payment to be made to such persons as would be appointed administrator of the estate of such decedent upon like terms as to bond for the proper application of compensation payments as are required of administrators. SEC. 45. Report of all settlements and releases shall be filed by the employer with the labor commissioner within sixty days after such settlements are made. The said report shall contain the name and nature of the business of the employer, the location of his establishment or place of work, the name, age, sex, and occupation of the injured employee, and shall state the time, the nature and cause of the injury, and such other information as may be required by the labor commissioner. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty dollars for each offense. If the injury shall result in the death of the employee, such report shall show whether the deceased was a citizen of the United States, or an alien; in the event that the deceased was an alien, such report shall show his nationality, and so far as may be known, his place of birth, parentage and names and addresses of dependents. If, as a result of the injury, the death of the employee occurs subsequent to the making of such report, it shall be the duty of the employer to make supplemental report giving the same information as if the injury had caused the immediate death of the employee. When an injury results in the death of an employee who is a citizen or subject of a foreign country, the labor commissioner shall, after such death has been reported to him, at once notify the superior consular officer of the country of which the employee at the time of his death, was a citizen or subject, and whose consular district embraces the State of Nebraska, or the representative, residing in the State of Nebraska, of such consular officer, whom he shall have formally designated as his representative by a communication in writing to the labor commissioner. Such notification shall contain in addition to the name of the employee, such further information as the labor commissioner may possess respecting the place of birth, parentage, and names and addresses of the dependents of the employee. any SEC. 46. An employer who is liable for compensation as provided in this act may insure the liability to pay such compensation in liability insurance company or companies licensed to write such risks in the State of Nebraska, or in any mutual insurance association authorized under the laws of the State of Nebraska to assume such risks. SEC. 47. No policy of insurance against liability under this act shall be made unless the same shall cover the entire liability of the employer thereunder and shall contain an agreement by the insurer that, in case the employer shall be or become insolvent, or in case an execution upon a judgment for compensation is returned unsatisfied, an employee of such employer or the dependents of a deceased employee who shall be entitled to compensation under this act may enforce their claim or claims to compensation against the insurer to the same extent that the employer could have enforced his claim against such insurer had he paid compensation. No suit shall be maintained for the collection of premiums upon any such policy of insurance, unless such covenant is contained in said policy. Such covenant shall be unaffected by any default of the insured in the payment of premiums and shall be con Reports of set tlements, etc. Insurance of Existing insurance contracts. Suits how. barred, strued to be a direct promise to such injured employee and dependents, and shall be enforceable by action brought in the name of such injured employee or in the names of such dependents. Every contract for the insurance of the compensation herein provided for, or against liability therefor, shall be deemed to be made subject to the provisions of this act, and provisions thereof inconsistent with this act shall be void. No company or association shall enter into any such contract for insurance unless such insurer shall have been approved by the State insurance commissioner as provided by law. SEC. 48. Nothing herein shall affect any existing contract for employers' liability insurance, or affect the organization of any mutual or other insurance company, or any arrangement now existing between employers and employees, providing for the payment to such employees, their families, dependents or representatives, sick, accident or death benefits in addition to the compensation provided for by this act; but liability for compensation under this act shall not be reduced or affected by any insurance of the injured employee, or any contribution or other benefit whatsoever, due to or received by the person entitled to such compensation, and the person so entitled shall, irrespective of any insurance or other contract, have the right to recover the same directly from the employer, and in addition thereto, the right to enforce in his own name in the manner provided in section 47 the liability of any insurer who may, in whole or in part, have insured the liability for such compensation: Provided, however, That payment in whole or in part of such compensation by either the employer, or the insurer, as the case may be, shall, to the extent thereof, be a bar to recovery against the other, of the amount so paid. PART III. MISCELLANEOUS PROVISIONS. SECTION 49. If any employee, or his dependents in case of death, of any employer subject to the provisions of Part II of this act files any claim with, or accepts any payment from such employer, or from any insurance company carrying such risk, on account of personal injury, or makes any agreement, or submits any question to the court under Part II of this act, such action shall constitute a release to such employer of all claims or demands at law, if any, arising from such injury. Compensation SEC. 50. No payments under this act shall be assignable or subject payments ex- to attachment or garnishment, or be held liable in any way for any debts, except as provided in section 8 hereof. empt. Preference. Definitions. SEC. 51. The right to compensation and all compensation awarded any injured employee or for death claims to his dependents (without limit of amount), shall have the same preference against the assets of the employer as unpaid wages for labor, but such compensation shall not become a lien on the property of third persons by reason of such preference. SEC. 52. Throughout this act, the following words and phrases as used therein shall be considered to have the following meaning respectively, unless the context shall clearly indicate a different meaning in the construction used: (a) The term "physician" shall include "surgeon," and in either case shall mean one legally authorized to practice his profession within the State of Nebraska, and in good standing in his profession at the time. (b) The word "accident," as used in this act shall, unless a different meaning is clearly indicated by the context, be construed to mean an unexpected or unforeseen event happening suddenly and violently, with or without human fault and producing at the time objective symptoms of an injury. The terms "injury" and "personal injuries" shall mean only violence to the physical structure of the body and such disease or infection as naturally results therefrom. The said terms shall in no case be construed to include occupational disease in any form, or any contagious or infectious disease contracted during the course of employment, or death due to natural causes but occurring while the workman is at work. "Death" when mentioned as a basis for the right to compensations means only death resulting from such violence and its resultant effects occurring within three hundred and fifty weeks after the accident. (c) Without otherwise affecting either the meaning or interpretation of the abridged clause, “personal injuries arising out of and in the course of employment," it is hereby declared- Not to cover workmen except while engaged in, on or about the premises where their duties are being performed, or where their service requires their presence as a part of such services at the time of the injury, and during the hours of service as such workmen. (d) For the purposes of this act, willful negligence shall consist of (1) deliberate act, or (2) such conduct as evidences reckless indifference to safety, or (3) intoxication at the time of the injury. (e) Whenever in this act the singular is used, the plural shall be included; where the masculine gender is used, the feminine shall be included. (f) The designation "State insurance commissioner" or "insurance commissioner" as used herein is intended to mean the State official who has charge of the insurance department of the State of Nebraska. (g) The "court" as used herein shall mean the district court which would have jurisdiction in an ordinary civil case involving a claim for the injuries or death in question, and the "judge" shall mean a judge of said court. SEC. 53. Every right of action for death by wrongful act, or for injury Prior injuries. by negligence, accruing to an injured employee prior to the taking effect of this act is continued and preserved under the existing law. Status of claims SEC. 54. If the provisions of this act relating to the compensation for injuries to or death of workmen shall be repealed or adjudged invalid if law is invalid. or unconstitutional, the period intervening between the occurrence of an injury or death and such repeal, or the final adjudication of invalidity, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death, but the amount of any compensation which may have been paid for any such injury shall be deducted from any judgment for damages recovered on account of such injury. Partial uncon SEC. 55. In case for any reason any paragraph or any provision of this act shall be questioned in any court and shall be held to be unconstitutionality. stitutional or invalid, the same shall not be held to effect any other paragraph or provision of this act, except that Parts I and II are hereby declared to be inseparable, and if either part be declared void or inoperative in an essential part, so that the whole of such part must fall, the other part shall fall with it and not stand alone. Part I of this act shall not apply in cases where Part II becomes operative in accordance with the provisions thereof, but shall apply in all other cases when the employer is subject to the provisions of this act and in such cases shall be in extension or modification of the common law. SEC. 56. All acts or parts of acts inconsistent with this act are to be Approved April 21, 1913. NEVADA. ACTS OF 1913. CHAPTER 111.-Compensation of workmen for injuries. Election SECTION 1. (a) Where two or more employees, as defined by this act, are employed in the same general employment and in the usual sumed, when." and ordinary transaction of the business, it shall be presumed that the employer, as defined by this act has elected to provide, secure and pay compensation according to the terms, conditions and provisions of this act, to such employees who sustain personal injury, arising out of and in the course of the employment and in such case the employer shall be relieved from liability for recovery of damages or other com Effect. pre State, etc., employees. Employers reecting system. pensation for such personal injuries, unless by the terms of this act otherwise provided. (b) Where the State, county, municipal corporation, school district, cities under special charter or commission form of government is the employer, the limitations of two employees shall not apply, and as to such employees and employers thereof the rights and remedies as by this act provided to pay compensation for personal injury sustained by such employees arising out of and in the course of the employment shall be exclusive, compulsory and obligatory. (c) If an employer having the right under the provisions of this act to elect to reject the terms, conditions and provisions thereof and in such case exercises the right in the manner and form by this act proDefenses abol- vided, such employer shall not escape liability for personal injury sustained by an employee of such employer when the injury sustained arises out of and in the usual course of the employment because: ished. (1) The employee assumed the risks inherent to or incidental to or arising out of his or her employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business. (2) That the injury was caused by the negligence of a coemployee. (3) That the employee was negligent unless and except. it shall appear that such negligence was willful and with intent to cause the injury; or the result of intoxication on the part of the injured party. (4) In actions by an employee against an employer for personal injury sustained arising out of and in the course of the employment where the employer has elected to reject the provisions of this act, it shall be presumed that the injury to the employee was the first result and growing out of the negligence of the employer; and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence. Every such employer shall be conclusively presumed to have elected to provide, secure and pay compensation to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this act, unless and until notice in writing of an election to the contrary shall have been given to the employee by posting the same in some conspicuous place at the place where the business is carried on, and also by filing notice with the Nevada Industrial Commission with return thereon by affidavit showing the date notice was posted as by this act provided, substantially in the following form: EMPLOYERS' NOTICE TO REJECT. To the employees of the undersigned, and the Nevada Industrial Commission: You and each of you are hereby notified that the undersigned rejects the terms, conditions and provisions to provide, secure and pay compensation to employees of the undersigned for injuries received as provided in the act of the Legislature of the State of Nevada known as Nevada Industrial Insurance Act, and elects to pay damages for personal injuries received by such employee under the common law and the statutes of this State modified by subdivisions one, two, three and four of section one of the said Nevada Industrial Insurance Act and acts amendatory The undersigned being duly sworn deposes and says that a true, correct and verbatim copy of the foregoing notice was on the -day of (state fully place where posted.) 19-, posted at Subscribed and sworn to before me by of 19 this day Notary Public. The employer shall keep such notice posted in some conspicuous place which shall apply to the employees subsequently employed by the employer with the same force and effect and to the same extent and in like manner as employees in the employ at the time the notice was given. Where the employer and employee have not given notice of an election to reject the terms of this act, every contract of hire express or implied, shall be construed as an implied agreement between them and a part of the contract on the part of the employer to provide, secure and pay, and on the part of the employee to accept compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of the employment. Construction of contracts. SEC. 2. No compensation under this act shall be allowed for an injury Injuries caused: (a) By the employee's willful intention to injure himself or to willfully injure another; nor shall compensation be paid to an injured employee if injury is sustained while intoxicated. not compensated. Remedy exclusivo. Election by em SEC. 3. (a) The rights and remedies provided in this act for an employee on account of an injury shall be exclusive of all other rights and remedies of such employee, his personal or legal representatives, dependents or next of kin, at common law or otherwise on account of such injury; all employees affected by this act shall be conclusively presumed to have elected to take compensation in accordance with the ployees. terms, conditions and provisions of this act until notice in writing shall have been served upon his employer; and also on the Nevada Industrial Commission, with return thereon by affidavit showing the date upon which notice was served upon the employer. Suits. (b) In the event that such employee elects to reject the terms, conditions and provisions of this act, the rights and remedies thereof shall not apply where an employee brings an action or takes proceedings to recover damages or compensation for injuries received growing out of and in the course of his employment, except as otherwise provided by this act; and in such actions where the employee has rejected the terms of this act the employer shall have the right to plead and rely upon any and all defenses including those at common law, and the rules and defenses of contributory negligence, assumption of risk and fellow servant shall apply and be available to the employer unless otherwise provided in this act: Provided, however, That if an employee sustains an injury as the result of the employer's failure to furnish or fails to exercise reasonable care to keep or maintain any safety device required by statute or rule, or violate any of the statutory provisions or rules and regulations now or hereafter in force relating to safety of employees, the doctrine of assumed risk in such case growing out of the negligence of Assumed risks. the employer shall not apply or be available as defensive matter to such offending party. The notice required to be given by an employee shall be substantially in the following form: EMPLOYEE'S NOTICE TO REJECT TERMS OF THIS ACT. Employees' re To (name of employer) and the Nevada Industrial Commission: Dated this STATE OF NEVADA, 88. } 19. Signed The undersigned being first duly sworn deposes and says that the written notice was on the day of 19, served on the within-named employer of the undersigned by delivering to (name of person served) a true, correct and verbatim copy thereof. Subscribed and sworn (or affirmed) to before me by the said this day of |