132

When an employee receives a personal injury under any of the conditions enumerated in § 131 of this title he may bring an action against his employer, before the Court of First Instance, to recover damages for such injury. In assessing the amount of such damages the court shall take into consideration the degree of culpability of the employer, or of the person for whose negligence the employer is liable hereunder, the sums expended by the employee for medical assistance, for drugs, medicines, and similar necessary expenses, and the loss of wages while recovering from the injury; the court shall also take into consideration the pain and suffering caused by the injury. If the injury be of such character as to permanently impair the earning capacity of the employee, the court shall include in the damages awarded an allowance for such loss. In case the injury results in a temporary impairment of his earning capacity, the court, in addition to pain and suffering and the expenditures for medical services and drugs, shall take into consideration the average rate of wages which, under ordinary conditions, he might have earned if not injured. History —Mar. 1, 1902, p. 150, § 2; Mar.

for medical services and drugs, shall take into consideration the average rate of wages which, under ordinary conditions, he might have earned if not injured. History —Mar. 1, 1902, p. 150, § 2; Mar. 13, 1913, No. 69, p. 114, § 1.