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THE GREEN BAG
THE BELGIAN LAW OF 1903' BY G. DE LEVAL BEFORE the new legislation went into but kept to the application of Article 1382, effect, accidents to workmen were gov with all its consequences. Since it was often erned by the general principles of law, and extremely difficult, if not impossible, for the especially by Articles 1382, and following, of employee to furnish the required proof of the Code Civil, which say : his employer's fault, it had long seemed "Every human act causing injury to an necessary to govern accidents to workmen other obliges him to whose fault the harm by special legislation, in order to give a is due to make compensation." (Art. 1382.) certain and just remedy to sufferers. The "Every one is liable for injury he has Belgian law makers aimed at this result caused, not only by his act, but also by his when enacting the law of Dec. 24, 1903. negligence or lack of due care." (Art. The basic principle of this new legisla tion is compulsory compensation, the amount 1383-) "One is liable not only for injury caused of which is fixed by law, for all accidents to by his own act, but for any resulting from workmen in certain enterprises; and, as the the acts of persons over whom he should Minister of Industry and Labor, M. Franexercise control, or from things he has under cotte, points out in a circular addressed to his care." (Art. 1384.) the governors " the compensation includes According to the principles of the Code a pecuniary indemnity, representing a part Civil one injured at work who sought com of the wages as well as the expenses incurred pensation through the law from his em the first six months after the accident for ployer had first to prove that his employer medical attendance and medicines. was at fault. To render him liable for a "The compensation is owed to the suf tort whether committed intentionally or ferer and, in case of death, to certain classes through negligence, there must have been of parties interested. It is as a rule granted a breach of duty with injury resulting there in the form of a life annuity, if there is per from. The employer escaped all liability manent disability; and in the form of a life "by proving that he had not failed in his or temporary annuity when the accident is legal duty, or, following Article 1147 of the fatal." Heads of establishments are individually Code Civil, that he had been prevented liable for this compensation. They may from performing it by an accident. Some writers applied the rules of con get rid of the liability by transferring it tract to accidents to workmen, since there completely to an insurance organization rec was a contract between employer and em ognized by the state. It suffices either to ployee for the hiring of labor. This con join, a mutual insurance association formed tract imposes on the employer the duty of by employers and approved by the govern furnishing good appliances; there is liability, ment, or to deal with an approved insurance therefore, if an accident happens as a result company charging a fixed premium. The of the use of poor ones. To escape under state's approval is given to insurance or this theory the employer should prove he ganizations only after the furnishing of se furnished good appliances and that he has curity, upon which the indemnities allowed not been at fault. The actual decisions of are a first charge. This security for the the courts did not follow this second theory, first year must be 300,000 francs; for sub sequent years it must equal one and onehalf times the amount of the indemnities 1 Translated by William C. Gray, Fall River, accruing the year before and paid or owed Mass.
