Section 8. The legislature shall enact a workmen's compensation
law applicable to workmen engaged in manual or mechanical labor in all public
employment whether of the state, or any political subdivision or municipality
thereof as may be defined by law and in such private employments as the
legislature may prescribe by which compensation shall be required to be paid
to any such workman, in case of his injury and to his dependents, as defined
by law, in case of his death, by his employer, if in the course of such
employment personal injury to or death of any such workman from any accident
arising out of and in the course of, such employment, is caused in whole, or
in part, or is contributed to, by a necessary risk or danger of such
employment, or a necessary risk or danger inherent in the nature thereof, or
by failure of such employer, or any of his or its agents or employee or
employees to exercise due care, or to comply with any law affecting such
employment; provided that it shall be optional with any employee engaged in
any such private employment to settle for such compensation, or to retain the
right to sue said employer or any person employed by said employer, acting in
the scope of his employment, as provided by this Constitution; and, provided
further, in order to assure and make certain a just and humane compensation
law in the state of Arizona, for the relief and protection of such workmen,
their widows, children or dependents, as defined by law, from the burdensome,
expensive and litigious remedies for injuries to or death of such workmen, now
existing in the state of Arizona, and producing uncertain and unequal
compensation therefor, such employee, engaged in such private employment, may
exercise the option to settle for compensation by failing to reject the
provisions of such workmen's compensation law prior to the injury, except that
if the injury is the result of an act done by the employer or a person
employed by the employer knowingly and purposely with the direct object of
injuring another, and the act indicates a wilful disregard of the life, limb
or bodily safety of employees, then such employee may, after the injury,
exercise the option to accept compensation or to retain the right to sue the
person who injured him.
The percentages and amounts of compensation provided in house bill no.
227 enacted by the seventh legislature of the state of Arizona, shall never be
reduced nor any industry included within the provision of said house bill no.
227 eliminated except by initiated or referred measure as provided by this
Constitution.