Library Collections: Document: Full Text

This second great service of the War Risk Insurance Law, which makes provision for compensation for death and disability, is necessarily a complicated and technical one and I cannot attempt here to describe it fully, but only in its general outlines. It is more liberal and far more just than any pension law that has ever been passed or now exists, and it should make any supplementary pension legislation for those engaged in this war wholly unnecessary. While it will cost the government huge sums of money depending upon the number of men engaged in this war, the length of the war and the severity of our casualties, it will doubtless cost less, be far more just and equitable in its benefits, and give more aid and comfort where it is needed than any general pension scheme could possibly provide.

Compensation for death or disability is provided for all members of the United States military and naval forces, including not only enlisted men but also commissioned officers and members of the army and navy nurse corps (female). The only person entitled to receive compensation for disability is the man himself. In the case of his death, the widow, child, dependent mother and dependent father receive the benefits provided. Compensation is not paid automatically, but must be applied for on blank forms furnished by the Bureau of War Risk Insurance. It varies in amounts from $30 to $100 a month paid to the disabled man, and from $20 to $75 a month paid to his widow, child, dependent mother or dependent father.

Unlike industrial compensation the amount does not vary in proportion to the wage or previous income of the disabled person or of the deceased. It is based on a new principle, namely that of the family need, on the theory that under the conscription law the family is conscripted when the bread winner is taken away. Therefore, the amount paid, if the man is disabled in the line of duty, varies according to the size of his family and changes from month to month or year to year as the family status changes. If a man is a bachelor and is totally disabled, he gets $30 a month; if he has a wife but no child living, $45 a month; a wife and one child $55; a wife and two children $65; a wife and three or more children $75; no wife but one child living $40, with $10 for each additional child up to two; a mother or father, either or both dependent upon him for support in addition to the above amounts, $10 for each. He is entitled, in addition, to free medical, surgical and hospital service and supplies, including artificial limbs, etc., as the Director of the War Risk Bureau may determine to be useful and reasonably necessary: and for certain claims of disability such as the loss of both feet, or hands, or both eyes, he gets, in lieu of all other compensation, the fiat sum of $100 a month. Partial disability is pro-rated at a percentage of the compensation for total disability equal to the degree of the reduction in earning capacity resulting from the disability.

In case of death resulting from injury in the line of duty, the monthly compensation paid is as follows: For the widow alone, $25; for the widow and one child $35; for the widow and two children $42.50 with $5 for each additional child up to two; if there be no widow then for one child $20; for two children $30; for three children $40 with $5 for each additional child up to two; for a de- pendent mother or dependent father $20, or both $30, except that the amount paid to a dependent mother or dependent father or both when added to the total amount payable to the wife and children shall not exceed $75. Compensation is payable for the death of but one child. No compensation is paid to a dependent mother on account of a child if she is already in receipt of compensation on account of the death of her husband.

Compensation is further limited by the following considerations. None is paid if the injury or disease was caused by the man's own wilful misconduct. None is paid for death or disability occurring later than one year after the man leaves the service, unless a medical examination at the time of his resignation or discharge or within one year thereafter proves that the man was then suffering from an injury or disease likely to cause death or disability later. None is paid for death inflicted as punishment for crime or military offence unless inflicted by the enemy. None is paid unless the claim is filed within five years after the death was recorded in the department in which the man was serving at the time of his death, or in case of death after discharge or resignation from service, within five years after death. None is paid for disability unless the claim is filed within five years after discharge or resignation from the service or within five years after the beginning of disability occurring after leaving the service. None is paid for any period more than two years prior to the date of claim. None is paid during the period in which the man is reported as missing, if during that time his pay and family allowance go on: a man is not considered dead until reported so by the department under which he is serving. None is paid to those receiving service or retirement pay.