foot the bill, or whether the cost might not fairly be borne by society as a whole. This has suggested, as a solution of the problem, insurance of workingmen against unemployment, a discussion of which, however, must be deferred to the end of the section. Some methods of alleviation, if not of abolition, of the evils of unemployment may be suggested. Free public employment bureaus and agencies, national in scope and well integrated, would do much to secure a better adjustment of demand and supply in the labor market, and secure a better distribution of the labor force and greater mobility of labor. Better organization and mutual understanding on the part of both employers and employes is needed, to prevent the loss through strikes and lockouts. And finally, improved industrial and technical education is essential, whereby the loss in skill through the introduction of new inventions and machinery may be minimized, and the productivity of the laboring class be increased.
Among the measures of relief for unemployment due to accident, sickness, and old age, none is more important or more deserving of a hearing in the United States than that of insurance against these evils. The earnings of the average male wage-earner are so small—half of the number earn annually less than $436, and half of the adult male factory workers earn less than $400 a year—that the unemployment, sickness, disablement, or old age of the breadwinner must throw a large proportion of families so afflicted into a condition of periodic poverty. Any remedies that will alleviate the miseries caused by fluctuations in employment, industrial accidents, diseases incident to industry, etc., deserve a respectful hearing.
No adequate statistics of industrial accidents exist in the United States, but a recent estimate by F. L. Hoffman[27] gave the number of fatal accidents among occupied males in 1908 as between 30,000 and 35,000. An analysis of the
reports of the New York Bureau of Labor Statistics from 1901 to 1906, shows that of the total number (39,244) of industrial accidents reported in that state a little over 2 per cent were fatal, almost 17 per cent resulted in permanent disablement, and 81 per cent resulted in temporary disablement. More than half of the accidents in industry are the result of machinery in motion. Mr. Hoffman calculates that “it should not be impossible to save at least one-third or perhaps one-half by intelligent and rational methods of factory inspection, legislation, and control.” Prevention of accidents rather than compensation to the workingman after they occur should be the aim of society, in order to avoid the wasteful loss of productive power, not to mention the suffering and misery entailed by such accidents. “Immunity, not compensation,” has been the demand of the British trade unions. Of first importance then is careful factory legislation, safeguarding of machinery, and factory inspection. But here we are interested primarily in the question of responsibility and compensation. In the United States, legislatures and the courts have taken the position that the workingman was responsible unless he could prove the employer responsible for his injury. How impossible such proof is and consequently how intenable such a position, is clear from the following table, compiled by the German Government for purposes of accident insurance:
Accidents in German industries traceable to different causes.
| Causes. | Agriculture (1891) | Industry (1887) | Mining (1887) |
| Fault of employer | 18.2 | 19.8 | 1.3 |
| Fault of injured workman | 24.4 | 25.0 | 29.8 |
| Fault of both | 20.1 | 4.4 | … |
| Fault of third person | 2.8 | 3.3 | 4.3 |
| Unavoidable or indeterminable | 34.5 | 46.9 | 64.6 |
| Total | 100.0 | 100.0 | 100.0 |
Statistics from both Germany and Austria show that a full half or more of all industrial accidents are due to causes for which neither employers, injured workmen, nor fellow employes are responsible, but which are incidental to the nature of the industry itself. But besides the danger of injury from machinery, there are numerous specially dangerous or injurious trades, in which injury by poisoning, disease, etc., is almost unavoidable as trade processes are at present conducted. These have been classified as follows: trades in which lead is a poisonous element, trades which produce other chemical poisons, trades in which lockjaw is an incident, trades in which the danger arises from injurious particles in the air, or from dust, processes that require a sudden change from heat to cold and vice versa, and those that require artificial humidity, and trades in which accidents are so frequent as to demand special legislation. Before we try to decide who in justice should bear the cost of sickness or injury arising from these causes, let us inquire as to the practice in the United States and in other countries, so as to have the data necessary for a fair conclusion.
The original legal doctrine regarding liability for accident in England and America, which is still practically unmodified in the latter country, was based on the principle of individual responsibility for acts of negligence. Briefly stated the common law doctrine is that an employer must provide reasonably safe conditions of employment, and that then the employe assumes the risks incident to the occupation, or arising from the carelessness of fellow-servants; moreover, even if the employer has been remiss, the employe cannot collect damages if he has been guilty of contributory negligence. These three doctrines—assumption of risk, doctrine of the fellow-servant, and contributory negligence—have been used practically to free the employer from all responsibility in cases where injured employes have sought to secure damages. Moreover, as
has been shown above, many cases exist where it is impossible to fix the blame on either employer, employe, or a third party, and in such cases no compensation could be secured for injury under the law. The full rigor of the common law, which has worked out so unfairly for the workingman in modern machine production, has been modified in about twenty-seven states by statutes defining more exactly the duties of the employer, and repealing the fellow-servant doctrine in regard to railway employes and in a few states in regard to all mechanical industries. With these exceptions, however, the law of employers’ liability has not been changed, and compensation for industrial accidents must be sought by injured employes through a suit for damages against the employer. In 1906 and again in 1908 Congress passed a federal employers’ liability act, limited to common carriers, which, however, represents only development along the lines of negligence law. That is, we are still proceeding upon the assumption that in every accident which occurs somebody is to blame. We shall have to look to foreign countries for a practical application of the principle that the cost of accidents in modern industry should be made a charge upon the industry itself, and ultimately be incorporated in the higher price of the article produced.
Germany was the first country to introduce the principle of compulsory accident insurance in 1884. Employers are there organized into associations and sections and are compelled to bear the expense of granting to injured workingmen compensation, which amounts to about two-thirds their average wages. England in 1897, by the passage of the Workmen’s Compensation Act, adopted the principle “that a workman is entitled for all accidents of occupation to a moderate and reasonable compensation.” Twenty-three countries, or practically all the advanced industrial nations of the world except the United States, have passed laws to compensate sufferers for all accidents