The employer or his representative must give to the agents of the National
Fnnd, whenever required, supplementary information concerning everything
rdative to insurance and deliver to them the pay rolls as well as all other data
serving to verify said pay rolls.
These agents shall have free access to all shops and yards of the enterprise
during working hours. They shall preserve absolute secrecy respecting all of
their observations which have no r^atlon to accident Insurance.
In every enterprise specified in article 60 the employer or his representative
shall take all measures which experience has shown to be necessary and which
the advance in science and the circumstances will permit to be applied, in order
to prevent sickness and accidents.
The National Fund may order any useful measure after consulting the inter-
ested parties, and the latter may appeal to the Federal CJouncil within 20 days.
The Federal Council shall regulate the cooperation of Federal factory in-
Q)ectors in the matter of prevention of accidents, as well as In the application
of this article to the enterprises subject to the special provisions of the Federal
law on the prevention of accidents.
Whoever intentionally violates articles 64 and 65 or the regulations promul-
gated for the enforcement of these articles shall be punished by a maximum
fine of 500 francs ($96.50) or by imprisonment not exceeding three months;
these penalties may be combined. In case of repetition within three years
following a prior conviction, the fine may be increased to 1,000 francs ($193)
and the imprisonment to six month&
The employer is responsible for the payment of the fine imposed upon his
Suits shall be brought by the cantonal authorities, on complaint of the direc-
torate of the National Fund. The general provisions of the Federal penal code
of February 4, 1853, are applicable.
The decisions of the cantonal authorities shall be communicated in writing
to the directorate of the National Fund. The latter may appeal from these
decisions to a higher court, conformably to the cantonal and Federal laws of
The National Fund shall Insure against the risks of accidents, occupational or
nonoccupational, followed by illness, invalidity, or death.
Every bodily injury suffered by an injured person is reckoned as an occu-
pational accident If received :
(a) In the course of work performed by him under direction of the head of
the aiterprise subject to insurance, or one of his agents.
(6) In the course of a service undertaken by the Insured in the direct or
indirect Interest of the enterprise, and with the presumed assent of the employer
or of his representative.
18 BULLETIN OF THE BUBEAU OF LABOB.
(c) During an interruption of work, as also before or after work, while the
insured person, without fault on his part, happens to be either on the premises
or in the danger zone of the enterprise.
Any other bodily injury resulting from an accident Is reckoned as a non-
occupational accident. The National Fund may debar from insurance extraor-
dinary risks and hazardous enterprises.
The Federal Council shall prepare a list of substances, the production or
employment of which occasions dangerous diseases. Every disease exclusively
or essentially due to the action of one of these substances In an enterprise sub-
ject to Insurance Is deemed an accident within the meaning of the present law.
Every Insured victim of an accident which is followed or will probably be
followed by sickness or Invalidity must without delay apprise his employer or
his employer's agent. When the accident Is followed by death, the same obli-
gation rests conjointly upon the surviving heirs who are entitled to an annuity.
For every notice of an accident the employer or his agent shall deliver a
certificate. Indicating the date of the notice. If this certificate Is refused, notice
of the accident may be given without expense to the local authority, who shall
transmit it to the National Fund.
As soon as the employer or his agent learns that an insured person In his
employ Is the victim of an accident which has been or will probably be followed
by sickness. Invalidity, or death, he must without delay report the same to the
A register detailing all accidents happening to insured persons shall be kept
up to date In every establishment.
An Inexcusable delay In giving notice of an accident (art 69, first para-
graph) or In reporting an accident (art. 69, par. 3) shall involve, in the
first case, the total or partial forfeiture of cash benefits provided for the
period prior to the notice, and, in the second case, the obligation of the em-
ployer to repay the cash benefits to the National Fund; furthermore, the de-
linquents may be made jointly responsible for damages caused to the National
Fund by the delay.
The National Fund may refuse to pay any benefits if, in consequence of an
inexcusable delay on the part of the insured or of his survivors, it has not
been advised of the accident or death within three months.
As soon as informed of an accident, the National Fund shall Investigate its
circumstances, its causes, and Its results; for this purpose the fund may have
recourse to the cantonal authorltlea In like manner the Insured i)erson or his
heirs may themselves cause the taking of the necessary evidence.
Interested persons have the right to be informed of the contents of the re-
The National Fund shall at all times take the necessary measures for the
proper treatment of the Insured. Every Inexcusable nonobservance of these
measures may lead to the partial or total withholding of insurance benefits for
The insurance provisions shall Include:
(a) Medical attendance and drugs and Indemnity for loss of time.
(&) Annuities for Invalidity,
(o) Funeral expenses.
id) Survivors* annuities.
Immediately after an accident, and during the illness that results from it,
the insured is entitled to medical attendance, drugs, and other remedial treat-
ment, to the surgical apparatus of which he has need, and to necessary trav^-
Ing expenses. Articles 15 to 25 are applicable by analogy.
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SICKNESS AND AOCIDBNT INSURANCE LAW OP SWITZERLAND. 19
If the services of a nurse are necessary to tbe insured, the National Fund
shall supply the need.
Instead of providing medical attendance, drugs, and the services of a nurse
at home, the National Fund may order a transfer to a hospital, having regard,
ho^-ever, for the wishes of the insured or of his family.
F'rom the third day after the accident, and during the resulting illness, the
Insured person is entitled to indemnity for loss of time.
This indemnity shall correspond to 80 per cent of the earnings of which the
insured person is deprived in consequence of the illness, and includes the
regular supplementary allowances. Earnings are computed not to exceed
14 francs ($2.70) a day.
If payments are made for the same accident hy other insurers, the indemnity
for unemployment can not exceed the difference between the amount of these
payments and the total wages of which the insured person has been deprived.
To meet the expenses of the sojourn of the insured person in a hospital, or
of a nurse at home, the National Fund may retain, at most, three-fourths of
the indemnity for loss of time, or one-half of it if the insured person has a
family dependent upon him.
If there is no reason to expect a distinct improvement in the condition of the
insured person from the continuation of medical treatment, and if the accident
is followed by presumably permanent disability, an annuity for invalidity
shall be substituted for the foregoing benefits. The National Fund shall also
supply the insured person with necessary surgical appliances.
For total disability the annuity is fixed at 70 per cent of the annual earn-
ings of the insured. If the infirmity requires the services of a nurse or other
special attention the annuity may be increased, so long as this condition con-
tinues, up to the entire amount of the earnings.
If the disability is only partial the annuity shall be proportionately reduced.
The annual earnings are understood to mean the earnings of the insured
person in the enterprise subject to insurance during the year preceding the
The regular supplementary allowances are computed as salary.
The annual wage of nonsalarled insured persons is reclsoned as equal to the
lowest annual wage of the salaried laborers in the same enterprise.
If at the time of the accident the insured person is not yet earning the full
wages of an insured person of his trade, his annual earnings are calculated on
the basis of such wages from the period when he would probably have attained
thereto had he not met with the accident
The annual earnings are reckoned not to exceed 4,000 francs ($772).
If during the year preceding the accident the earnings of the insured have
been reduced by reason of military service or of sickness, the earnings shall be
determined according to the amount which the insured person would have
earned if he had been neither ill nor in the military service.
If the insured person has not been connected with the enterprise during the
entire year, account is taken of the amount which insured persons of his class
have earned during the remainder of the year in the enterprise, or in a similar
enterprise in the locality.
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20 BULLETIN OF THE BUBEAU OP LABOB.
If the operation of the enterprise has been interrupted in the course of the
year, the wages earned by the insured i)erson outside of the enterprise during
the interruption are taken into account, with the amount of the average salary
which he has earned in the enterprise during the rest of the year.
If, after the determination of the annuity, the degree of disability undergoes
an essential change, the annuity shall be proportionately increased or reduced
for the future or may be discontinued altogether.
During the three years following the establishment of the annuity it may be
revised at any time ; afterwards at the expiration of the sixth and ninth years.
If the revision requires an examination or medical attention involving a loss
of earnings for the insured person, the annuity shall be temporarily replaced
by the benefits specified in articles 73 to 75.
After the establishment of the annuity, the National BMnd may, under the
conditions prescribed by article 80, jmragraph 2, order a new treatment to be
instituted, if there is reason to expect a considerable improvement of the insured
person in respect to his capacity for labor. Any unjustifiable refusal to follow
this treatment may cause the total or partial withholding of insurance benefits
for the future.
During treatment the annuity shall be replaced by the provisions specified in
articles 73 to 75.
If there is no reason to expect a sensible improvement In the condition of
the insured from the continuance of medical treatment, but if it seems probable
that the patient will recover his capacity for labor and resume worlt after the
liquidation of his claims, a lump-sum payment, replacing the annuity, shall be
substituted for the foregoing benefits.
The lump sum shall be equal to the actual value of an annuity, uniform or
decrenslng, and running for three years at a maximum, calculated on the basis
of the annual earnings of the Insured person, taking into consideration his state
of health and the degree of his disability at the time of determining the
If the insured person dies as a result of the accident, the National Fund shall
reimburse to the survivors the funeral expenses to the amount of 40 francs
Those entitled to an annuity of 30 per cent of the annual wages of the insured
(a) The widow, during her widowhood.
(6) The widower, if already Infirm, or if a permanent Incapacity for labor
supervenes within five years after the death of the insured wife, during his
The surviving consort is entitled to an annuity only in case the publication
of the marriage agreement antedates the accident. If, at the time of the acci-
dent, the victim was divorced or separated by virtue of a decree a mensa et
thoro, the surviving consort is entitled to an annuity amounting only to what
the insured person had been compelled to pay as alimony.
In addition, every legitimate child. Including posthumous children, is entitled
to 15 per cent of the annual earnings of the Insured person. If the child by this
death or by a subsequent bereavement loses both father and mother, the annuity
c<hall be increased to 25 per cent. This shall be paid until the completion of the
sixteenth year of age; or. If at this age the child Is permanently Incapacitated
for labor, the annuity shall continue till 70 years have elapsed from the birth
date of the insured person.
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SICKNESS AND ACCIDBNT INSUKANCB LAW OP SWITZEBLAND. 21
Children who had been adopted or legitimatized at the time of the accident
have the same status as l^itimate children.
This applies also to llle^timate children with reference to the rights which
are derived from the death of their mother.
Every illegitimate child whose kinship has been established by an executory
court decision, or by a written and credible acknowledgment on the part of the
insured person, is also considered as a legitimate child with reference to the
ri^ts which are derived from the death of his father.
Ascendants in a direct line are entitled during their lives, and the brothers
and sisters until the age of 16 years, to a total annuity of 20 per cent of the
annual earnings of the insured person; this annuity is distributed per capita
among all parties concerned
The annuities of survivors shall not, altogether, exceed 60 per cent of the
annual earnings of the insured person.
The total amount of the annuities of the consort and children Is scaled down
to 60 per cent by a proportional reduction should there be occasion therefor.
The extinction of the annuity of one of these relatives shall inure to the benefit
of the others proportionately, within the limits of their rights.
The ascendant and collateral relatives may exercise their rights only in respect
to the difference betwe^i 60 per cent of the annual earnings of the insured
person and the total amount of the annuities of the consort and of the children.
No ascendant or collateral kinsman shall enjoy the benefit of an annuity greater
than that of a child, when the two amnuities run simultaneously. The extinc-
tion of the annuity of an ascendant or collateral relative shall inure to the
benefit of the others proportionately, within the limits of their respective rights.
In case of remarriage, the annuity of the widow shall be converted into a
lump-sum payment of triple its annual amount. In the application of articles
84 to 87, the annuity shall be considered as continuing for three years, counting
from the date of the conversion.
The National Fund has the right to fix for the survivors, by means of a pub-
lished notice, a limit of at least six months, during which they shall make them-
selves known under pain of debarment '
Benefits shall be granted to insured persons of Swiss nationality and to their
survivors and also to insured foreigners resident in Switzerland and to their
survivors, If the legislation of the countries of which they are citizens offers to
the Swiss and their survivors, in the matter of providing against sickness and
accident, reciprocal advantages equivalent to those which the present law
secures. The Federal Council shall designate the countries that fulfill this
Insured persons who are citizens of other countries are entitled to medical
attendance and drugs, to the cash benefits for loss of time, and to three-fourths
of the annuity for invalidity. Their survivors are entitled to the funeral ex-
penses and the consort and the children to three-fourths of the annuities of the
survivors. The difference between these benefits and those provided in articles
77, 82, and 84 to 87 is transferred to the assets of the Confederation to be
counted with its subsidies to the National Fund.
The cash benefits of the National Fund shall be subject to a pi*oportioiial
reduction if the illness, invalidity, or death is only in part the result of an
acddait insured against by the fund
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22 BULLETIN OF THE BUBEAU OF LABOB.
No benefit shall be granted for an accident which gives rise to a compensation
claim in virtue of the Federal law of June 28, 1901, concerning the insurance
of soldiers against diseases and accidents.
Except when there exists an express agreement to the contrary, the cash
benefit for loss of time shall be payable at the end of each week; in case of
urgency, advance installments may be supplied during the week.
Annuities for invalidity and those of survivors are payable the first day of
every month in advance. If an annuity begins to run subsequently to the first
day of the month, the portion due for the remainder of the month shall be
demandable on the first day of the following month.
If an annuity is extinguished or modified in the course of a month the reim-
bursement thereof or the adjustment of the differaice for the remainder of
the month is not required.
If the beneficiary of an invalidity annuity is the victim of a new accident
included within the scope of insurance and followed only by illness, the first
annuity remains unchanged and has no infiuence on the cash benefit for loss of
time payable on account of the new accidjent The cash benefit is computed on
the basis of the earnings of the insured at the time of the new accident
In all other cases where the beneficiary of a cash benefit for loss of time or
of an invalidity annuity is the victim of a new accident comprehended in the
insurance contract, the rights originating in the different accidents are Joined,
and for the future the insurance benefits are calculated on the basis of the
wages which the Insured would probably have earned at the time of the new
accident had he not suffered from the previous accident Article 78, paragraph
4, is applicable by analogy.
The National Fund ipay at any time redeem, at Its actual value, any annuity
of invalidity or of survivors below 10 francs ($1.93) a month, or that of a
beneficiary residing abroad after the lapse of at least one year.
In any other case the redemption may take place only by agreement between
the establishment and the beneficiary.
Every annuity redeemed with the consent of the beneficiary is uncondi-
tionally canceled. On the other hand, the invalid whose annuity has been
redeemed without his consent may demand the grant of a supplementary
annuity for the future if, after the redemption, his disability is essentially
In the application of articles 84 to 87 the redeemed annuity of survivors Is
computed to continue in force until the moment when, according to the prob-
ability taken as a basis of redemption, it would be extinguished in default of
The right to insurance benefits, as well as the amounts received as benefits,
may be neither attached, gamisheed, nor included in the assets in case of
bankruptcy. All pledges and assignments of the right to Insurance benefits are
null and void.
The National Fund may take measures to secure the employment of its cash
benefits for the maintenance of the beneficiary or the persons dependent on him.
The National Fund may strike a balance between the amount of the cash
benefits which it owes to an insured person or to a survivor (excepting the
funeral expenses) and any claim which it holds against the same person.
The National Fund may declare to be forfeited any arrears of annuity which
have not been claimed by the beneficiary, or in his name, within a period of
three months, counting from the time when they became due.
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SICK2<1£88 AND AOGIDBNT INSURANCE LAW OP SWITZBBLAND. 23
The right to an annuity already established is extinguished and shall be
amiTilled by the National Fond if, after two years, the amounts due have not
been claimed by the ben^ciaiy or in his name.
If the insured person caused the accident intentionally both he himself and
his survivors are deprived of all right to the insurance benefits other than the
The rule holds good in the case of a survivor who intentionally or by serious
fault caused the" accident
If the insured person caused the accident by aerious fault, the insurance
benefits, other than the funeral expenses, shall be reduced to an extent com-
mensurate with the degree of fault
Gonformably with articles 62 to 67 of the code of duties (Book 5, Swiss Civil
Code) the National Fund may require restitution in cash of the value of any
benefits which it has erroneously paid.
Whoever by fraudulent scheming procures payment or seeks to procure pay-
ment of benefits to which he is not entitled, or who becomes accessory to like
flch^ues, shall be prosecuted before the cantonal criminal courts.
The National Fund shall succeed by subrogation, for the amount of the
benefits granted, to the rights of the insured person or of the survivors against
any third party responsible for the accident.
The National Fund shall receive premiums for insurance against both occu-
pational and nonoccupational accidents.
For the purpose of determining the premiums for occupational accidents the
various kinds of enterprises shall be divided into classes of risks according to
their dangers from occupational accidents. The classes shall be subdivided in
respect to the d^rees of risks, taking into account measures ^tor the prevention
of accidaits and other circumstances which effect the risks. Each enterprise
shall be assigned by the directorate to a- special grade of risks. Insured per-
sons of the same enterprise may also be assigned by groups to several grades.
Of its own motion, or at the request of the employer or his agent; and guided
by past experience, the directorate may, not later than one month before the
commencement of a fiscal year, assign an enterprise to another class or to
another grade of risks, to date from the following fiscal year.
In case of violation of article 65 the directorate may at any time assign the
enterprise to a higher grade of risks. It shall determine, if there Is occasion,
the date from which the new assignment is to have a retroactive effect.
The employer or his agent shall advise the National Fund, within one week,
of every change in the enterprise which increases the risks of accidents. The
directorate shall revise the classification and, if there Is occasion, determine
the date from which the new classification shall have a retroactive effect.
Delay or omission of the notification shall absolve no one from paying pre-
miums for occupational accidents according to the new classification and for
the time after it beconfes effective. In case of culpable negligence the premiums
are doubled for the period of delay.
Decisions made by the directorate pursuant to articles 102 and 103 shall be
communicated in writing to the employer or his agent.
Within a period of 20 days, dating from this communication, the employer
or his agent may appeal to the council of administration; the appeal is devoid
of any effect in suspending the payment of premiums.
Digitized by VjOOQ IC
24 BTTLLBTIN OF THE BUREAU OF LABOR.
The decisions concerning classification, when once definitely made, bind the
For the purpose of determining the premiums for nonoccupational accidents
insured persons are divided by the directorate into classes of risks according
to their dangers from nonoccupational accidents.
Articles 1^ (first paragraph), 104, and 105 are applicable by analogy to this
classification of the insured. Communications shall be addressed to the em-
ployer or his agent for the purpose of transmission to the insured persons. The