COMPENSATION LAW

Evening Post, Volume CXXII, Issue 68, 17 September 1936, Page 10

COMPENSATION LAW

ADJUSTING ANOMALIES

BILL TO COME DOWN

INCREASED BENEFITS

In giving an indication of the provisions that would be contained in a Bill he would introduce into the House of Representatives at an early date to amend the law in respect to compensation, the Minister of Labour (the Hon. H. T. Armstrong) said today that his original intention was to overhaul the I compensation law completely, and he (had a Bill in mind bringing about farreaching changes. It was not his intention, however, to introduce such a measure this session, in view of the large amount of legislation he had already been responsible for. "The Bill would be somewhat contentious," said the Minister, "and I have considered it advisable, considering the lateness of the session, to bring down a smaller Bill improving to some extent the workers' compensation, and eliminating some of the anomalies that are in the present enactments." Mr. Armstrong said the Bill would contain only a few clauses. One would increase the minimum compensation in cases of fatal accidents from £300 to £500. It would also be provided that the weekly payment should not be less • than £2 a week in any case. The present law permitted payments as low as £1 a week. COMPUTING COMPENSATION. The Minister (mentioned that relief workers and others whose weekly average earnings worked out at a low rate would benefit considerably under this clause. The Bill, he said, would outline the method of computing average earnings for the last twelve months. Compensation would be granted to the extent of 66 2-3 of the actual rate earned at the time of the accident. "It will not be necessary to go back over the year and ascertain what the worker actually earned," said the Minister. "It will be assumed that he was working full time at the rate paid him on the day of the accident. This will simplify matters considerably and do away with much litigation. "A man earning 16s a day at the time of an accident may be found to have averaged only 9s a day for the year, but the 16s a day would be the basis of assessing the compensation. This has been a glaring anomaly that has given trouble over the years." The Minister said that under the existing law an employer or insurance company on the report of their own doctor could stop a man's compensation, and the onus was then thrown on the worker of going to the expense of bringing the case before the Compensation Court; and there was a possibility of delay of five or six months. Many workers were in effect starved into agreeing to an amount to wipe out their claims, as they, had no money to tide them over the period involved. The amendment would bring the law into conformity with that of England—that compensation must be computed by the Court, or through medical referees.

Another important clause, added the Minister, was one that would'rank compensation with wages in cases of bankruptcy; '■ - ■ ■<:•:■■ ■.-■ •:■■■■■ ■■