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But in the case of accidents which injure a workman whilst he is assisting in an emergency by doing something outside his ordinary work (as stopping a runaway horse), compensation can be obtained.

"Contracting Out."-Under the Act of 1880, an employer could force a workman engaged by him to contract out of the Act and to join any scheme or society formed by him. "Contracting out” of the Compensation Act is forbidden except under two conditions:

(i) The employer must not force a workman engaged by him to join any society formed by him. That is to say, if a workman applies for a job the master cannot make it a condition of employment that the workman joins the society or scheme.

(ii) And before any such scheme can exist the employer must submit it to the Chief Registrar of Friendly Societies.

If the Registrar, after consulting the workmen as well as the employer, thinks the men will get as much benefit from it as from the new law, he may grant a certificate. But until the certificate is granted no scheme or society formed by an employer is legal. The certificate lasts for five years; but if during that time the workmen find that (i) they lose by the scheme, or (ii) they are not fairly treated under it, or (iii) that it is not fully carried out in practice, they may complain to the Registrar. If after enquiry the Registrar thinks the complaint is justified, he may cancel the certificate unless the scheme is made satisfactory and the complaint remedied.

How to get Compensation.-The employer has to pay it; but who is "the employer"? He is not of necessity the employer by whom the workman is engaged. If an employer undertakes to do a job, and contracts with another employer to do part of that job, the employer who has undertaken the whole job must pay for any accident which happens. But this is only the case where both employers are engaged in the same trade or branch of trade. If they are engaged in different businesses, the employer by whom the workman is engaged must pay compensation for any accident which occurs. [For the rule in agriculture, see the Act, page 14.]

For example, if a railway company employ a contractor to reconstruct one of their stations, and one of the men whilst working for the contractor is killed, the contractor alone would be liable, and not the railway company; because it is not the business of a railway company to erect stations. But if the contractor sub-lets part of the work to another contractor, one of whose men is injured by an accident, the prin cipal contractor would be liable, and proceedings should be taken against him alone by the workman.

Notice of Accident.-In order to claim compensation for an injury, notice of the accident must be given to the employer. I the workman is killed, the notice should be given by his family.

The notice must be in writing, and give the following information: (i) name and address of the injured workman; (ii) the date of the accident; (iii) the cause of the injury.

In giving notice, the following rules must be observed: (i) it must be given as soon as possible after the accident; (ii) and before the injured workman ceases of his own accord to work for the employer; (iii) only ordinary language is necessary, and the notice

need not be in any special form; (iv) the notice must be accurate, and all the information already mentioned given-if not, the workman may not be able to claim and get compensation.

The notice may be sent either (i) by hand or (ii) by registered letter, to the place of business of the employer, whether the employer is a company, a firm, or a single master; and if the workman knows where his employers or one of them lives, the notice may be sent to their or his house in the same way.

of

The following is an example of notice of accident :

WORKMEN'S COMPENSATION, 1897.

To [name and address of employer].

Take notice that [name and address of person injured] was on the

day

190 injured by an accident when working for you. The injury was caused by [shortly state the cause].

Dated [the day on which the notice is sent].

Signed [either by the man himself or by someone on his behalf].

It

Claim for Compensation.-Besides giving notice of an accident as soon as possible after it has occurred, another step has to be taken in order to get compensation. A Claim for Compensation must be made within six months from the time of the accident. is not sufficient that an employer pays a weekly sum equal to halfwages after the first fortnight. Conclusive evidence must be obtained that the employer admits he is liable to pay compensation. The only satisfactory way is to get a written agreement from the employer to that effect, stating the weekly sum the man is entitled to. A memorandum of this agreement must be sent to the Registrar of the County Court of the district where the person entitled to compensation lives. (A form is given in the Rules issued to regulate proceedings under the Act.) Then the workman's title to compensation is complete, and can be enforced by the officials of the Court.

The above advice as to getting an agreement from the employer and registering it must always be followed when the injuries are serious and likely to last a long time. Where, however, the injuries are not very severe, and complete recovery can be reasonably expected within six months, it may not be worth while to obtain an agreement. But the claim for compensation must always be sent to the employer immediately after the injured man has been away from work entirely, or unable to earn full wages, for a fortnight, and when it is certain that he cannot be quite recovered for some weeks. For then, whatever happens, he will always be able to apply in the County Court for compensation if there is any dispute.

It may be useful to give a form of a claim, though no particular form is necessary:
WORKMEN'S COMPENSATION ACT.

To [name of employer].

Take notice that [name and address of person injured] claims compensation for injuries received while working for you, owing to an accident which took place on the day of

The claim is for

recovered.

, 190

and of which you have already had notice.

per week from a fortnight after the accident until he is

Dated [the day on which this notice is sent].

Signed [by the workman or someone on his behalf].

After notice has been given, a dispute may arise as to whether the accident is one for which the employer must pay, or whether the trade in which it happened is within the Act, or as to the amount of compensation. The question is to be settled thus:

If any committee has been formed by the employer and his workmen to settle disputes under the new law, that committee must decide the question. But if (i) the committee does not settle the dispute within three months from the day when the claim was made upon the employer, or (ii) the committee thinks it would be best to have the dispute settled by a single person chosen by them, or (iii) either the employer or workman, before the committee meets to settle the dispute, sends a written notice objecting to the committee deciding the question, then, in any of these cases, the dispute must be settled by an arbitrator, appointed by the employer and workman if they can agree on a suitable person. If they cannot agree, the case must go to the County Court judge, or to an arbitrator appointed by him. If there is no committee formed to settle disputes the workman and employer may agree to appoint an arbitrator. Failing this, they must take the case to the County Court.

An arbitrator, whether appointed by the parties themselves or by the judge, can submit any questions of law which arise to the judge. An appeal from the judge's decision on questions of law can be made to the Court of Appeal direct, unless the employer and workman have agreed to abide by the County Court judge's decision. But on questions of fact, no appeal can be made.

The judge or arbitrator can order either party to pay the costs, which are fixed by the County Court rules.

In deciding disputes under the Act, if the leave of the judge or arbitrator be obtained, a workman may be represented by a member of his family, or "by an officer or member of any society or other body of persons, of which the workman is a member, or with which he is connected." Thus, an officer of his Trade Union can appear for him. But he is not entitled to any fee except travelling expenses. A member of the workman's family, however, may get an allowance for loss of time, the amount being fixed by the judge or arbitrator.

How Much Compensation Must be Paid?

I.-COMPENSATION FOR DEath.

The amount of compensation to be paid depends on whether the workman killed leaves (i) relatives who were wholly supported and kept by him; or (ii) relatives who were partly kept by him; or (iii) no relatives kept by him.

(i) If the workman leaves a wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, stepson, or stepdaughter whom he entirely supported by his wages, the employer must pay at least £150, but is not liable to pay more than £300. The exact sum to be paid depends on the average weekly earnings of the workman whilst he had worked for his employer.

If he had been employed for three years or more, the amount is fixed by finding out the average wages per week for the three years before the accident. If three years' wages at that average wage per week come to more than 150, the employer must pay a sum equal to them. In other words, the employer must pay 156 times (that is, three years, as there are 52 weeks in the year) the average weekly earnings. But if the workman had not worked for the same employer during the three years before the accident, his average wages per week whilst he had worked for his employer during his last period of continuous employment must be found out. When that is done the amount to be paid is three years' wages at that rate, that is, 156 times his average wages, but his relatives must never get less than £150.

(ii) If the relatives were only partly supported by the workman killed, the highest amount is also 300. But less than 150 may be awarded if the judge, or arbitrator, or committee think a smaller sum will be sufficient compensation.

(iii) If the workman leaves none of the relatives mentioned living at his death, the employer must pay reasonable funeral expenses, but they must not be more than 10.

Any dispute as to who is a dependent, or as to the amount to be paid to each dependent, is to be settled by arbitration.

II. COMPENSATION FOR INJURY.

When the accident does not kill the workman, compensation can only be got if the workman is unable to work for more than two weeks afterwards. At the end of these two weeks he may be entirely unable to work, or he may, though unable to earn full wages, be able to do some work. In either case he is entitled to be paid a weekly sum by the employer until he has completely recovered. The amount depends on his average weekly wages before the accident. (i) When a man is entirely unable to work, if he has been employed by the master for a year, the sum to be paid is half the average weekly wages earned by him during that period.

If he has not been employed by the master for twelve months, the amount payable is half the average weekly wages earned by him whilst he has been employed by the employer. Thus, if a workman has earned a week for forty weeks, and 1 10s. a week for the last twelve weeks before an accident, his earnings for the year would be 58. If, therefore, he is unable to work, he would, after the first two weeks, be entitled to a weekly payment of 11s. 2d., that being half of his average weekly earnings, which were 22s. 4d. But in no case can the workman get more than 1 per week.

A casual laborer, or a man who has worked for less than a fortnight, is within the Act. The average weekly wage is calculated, in the case of the former, by the work actually done. But in the case of men working for weekly wages, the sum which, one week with another, would have been earned will be taken, although no complete week may have been put in.

(ii) When the injured workman is not entirely prevented from work. ing after the accident, he is still entitled to a weekly sum if he can. not earn full wages. This sum cannot be more than half his weekly wages before the accident, or more than the difference between his new and his old wages.

But it must be remembered that the employer has not to pay anything for the first two weeks after the accident, and that a lump sum cannot in any case be claimed by the workman.

In fixing the weekly payment, any payment, not being wages, made by the employer whilst the workman is unable to work, must be taken into account.

The case where a man, though not entirely disabled from working after an accident, yet is unable to earn the same wages as before, require some consideration. They are chiefly cases of small but permanent injuries, as, for example, the loss of a finger or an eye. Such injuries, comparatively simple from a medical point of view, render the workman less efficient-often to a very serious extent. In fact, a return to the same sort of work is sometimes impossible, and thus a skilled man may have to go back to less skilled work, and, consequently, earn less wages. In such cases, therefore, compensation must be obtained at once. It is not enough that the employer continues to employ the man at the same wages as before, though really unable to do the same work. For, in such a case, if no claim is made within the six months, the workman could be dismissed at any time, and on seeking employment elsewhere, would earn less wages, and yet be unable to obtain compensation. In many cases, so long as the employer were alive, the man would be safe enough. But if the employer died, the workman would be without any security against the successors in the business. The proper course to take is to obtain a declaration that the employer is liable, and register it in the County Court. Then, even though the man is kept on at the same wages, he is in a position, when dismissed or on leaving his employment, to apply in the County Court to have the amount of compensation fixed.

The question remains, who is to say whether the workman can or cannot go to work?

After a workman has given notice of an accident, the employer can send a doctor to examine him; and during the time a workman 's getting a weekly payment from his master he must, if the employer wishes it, allow a doctor to examine him. Unless he allows the doctor to do so, he can get no compensation. But if the workman

is not satisfied with the doctor, or with any report the doctor makes, he can be examined by another doctor. This doctor must be one specially appointed to report under the new law; he can charge the workman a reasonable fee, which the arbitrator may order the master to repay.

When a weekly payment has been made for six months, the em ployer may pay a lump sum in full settlement of future weekly payments. The amount of the sum must be fixed by the Court, or the arbitrator, unless it is settled by agreement.

But at any time while a workman is getting a weekly payment because of the accident preventing him from earning full wages, or from working at all, the workman or employer may want it to be altered. The workman may find that his accident was more serious

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