WORKERS’ COMPENSATION

New Zealand Times, Volume XLIII, Issue 10073, 11 September 1918, Page 2

WORKERS’ COMPENSATION

ANOMALIES IN THE ACT. SOME SUGGESTED AMENDMENTS. It is claimed that there are many anomalies in the Workers’ Compensation Act and consideration is now being given to several proposals originating from the Industrial Law Class, held under the auspices of the Workers’ Educational Association. Following are some of the suggested amendments as based on a series of lectures delivered by the tutor of the class, Mr P. J. O’ltegan : 1. The complete abolition of t&e rule by which a right to sue is lost by the death of either party to the action. —The rule is now abolished, as we have seen, '.h all eases where the relation of master and servant existed insofar as actions for damages or compensation are concerned, but it remains in all other cases. 2. The complete abolition of the rule of common employment. —This can be accomplished simply by abolishing the limitation of five hundred pounds, as already explained, which is contained _in section 13 of the Workers’ Compensation Amendment Act, 1911. The effect of this salutary amendment of the common law would be not merely to do away with a gross injustice to the worker, but to diminish the number of accidents. 3. Provision that all statutory obligations imposed upon employers should be equally binding upon the Government.— This would get rid of the scandalous position now obtaining in that the Stone Quarries Act, while imposing obligations upon private individuals, is not bnding upon the Government, although the Government is by far tbe greatest employer of quarry workers in the Dominion. i The abolition of the distinction in the Workers’ Compensation Act between manual and non-manual workers.—All to be entitled equally to compensation, subject only to one restriction: that tne maximum ■ shall .not. exceed two pounds ten shillings per week. , 5. The abolition of the hardship already alluded to as affecting a worker having only on© oy© who loses tn© re■miaining eyle'.—An Stfinred/ worker an such circumstances to be, paid compensation in full. , . , , , 6. The provision by legislation that certain well-known terms, such ns total disablement,” "permanent partial disablement," etc., should receive the same construction in policies of insurance as under the Workers’ Compensation Act. 7. The provision -by legislation that shipping companies should *b© liable, in damages for loss or damage due to negligence by themselves or their servants or agents, notwithstanding any provision to the contrary printed on a passengers ticket and notwithstanding any agreement or contract to the contrary whether signed by the passenger or otherwise. The above have been approved by the Wellington Freezing Workers’ Union at its annual conference, and it was decided to co-operate with other. unions in pressing for amendments in the directions indicated. The freezing workers added another clause; as appended: 8 Amendment of the Aot by striking out clauses (4). and (5) of Section 5 of the Workers’ Compensation Aot, 1900, which reads as follows:—(4) "If the incapacity lasts less then seven days, compensation shall not be payable in respect thereof.” . 15) “If tho incapacity lasts less than fourteen days, no compensation shall bo payable in respect of the first seven days.” '