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Report No. 62

1A.23. Hazardous employments in U.S.A.-

In the U.S.A. also, in many States, the laws relating to workmen's compensation apply mainly to employments listed as hazardous and extra-hazardous employments. Moreover, most of the laws exempt employers having fewer than a specified number of employees1. Many States exclude agricultural employment.2

In many States of the U.S.A. the laws are compulsory, but in some they are elective. Where they are elective, the employer has the option of rejecting the law, but then he loses the common law defences of

(i) assumption of risk;

(ii) negligence of fellow employee;

(iii) contributory negligence. Most employers accept the law.3

1. U.S. Department of Labour, State Workmen's Compensation Laws, Bulletin No. 161 (1969), p. 11.

2. See U.S. Department of Labour, Agricultural Workers and Workmen's Compensation Laws, Bulletin No. 206 (1964).

3. U.S. Department of Labour, State Workmen's Compensation Laws Bulletin, (1969), p. 3.



Workmens Compensation Act, 1923 Back




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