Farmers and the Workmen's Compensation Act

Southland Times, Issue 14814, 15 December 1900, Page 2 (Supplement)

Farmers and the Workmen's Compensation Act

«. -— The British Act, extending to workmen in agriculture the benefit! of the Workmen's Compensation Acb, 1897, cornea into operation on lat July 1901, and farmers in all parts- of the country are nstarally anxious to know what are their liabilities under this measure, aud how they may best be met. The Board of Agriculture h&v?, therefore (gays The Times), done useful service in issu. ing icstructions on the matter. Under the Ao\ the term 'workman 1 'includes every peraon who is engaged in agricnltnre,whether by way of mauual labour or otherwi c, and whether his agreement is ona of service, or apprenticeship, or otherwise.and is expressed or implied, ij oral or in writing. 1 The expression '^gricnUare 1 Jnolndei horticulture, forestry, and the use of land for any purpose of husbandry, incluaive of the keeping ur breeding of live stock, poultry, or bees, and the growth of frait and vegetables. It should b? observed that this definition is very wide in its terms, and that the Aot, therefore, imposes a liability doc only upon farmers and other persona engaged iv agriculture, in the more limited and ordinary senaa of that expression, bub also npon many other persons, as, for instance, those who habitually employ one or more gardeners or other* in garden work, whether ia tho wiy of trade or business or otherwise, aud whether the gardens ara attached to houses or nob. Where a workman is employed by the same employer mainly in agriculture, but partly or occasionally in other work, the Act applies also to the employment of the vot's.man in Bach other work. The amouao of cimpemaclon payable under the Act, both in the oaß9 of de.ibh from the injury and in that of total or partial incapacity for work, is regulated by the earnings of the workman who is killed or disabled. In the cue of death the amounb to be paid by the employer may ba as muoh aa L3OO. In the case of disablement the employer may be oalled up on to make payments up to LI a week. It is important to cote that to meet ciaes of sub-contracting the Acb specially provides that where au employer agrees for the execution of any work Id agriculture by or under a subcontractor, such employer shall be liable to pay compensation to any work- , man employed in the execution of the work, whether the workman is entitled to obtain it from the Bub-oontractor himself or not ; but if the workman takes advantage of this provision, the employer so made liable is entitled to be indemnified by any other person who would have been itable independently of this provision. Examples of euoh sub-contracting in agrioullure ore cases where work is done through a gauger, or where crops are cut for the occupier by a farmer w Ith his own men aad implements. These enactments as to cases of sub-contracting do not apply where the sub-contractoi'a woik is merely ancillary or incidental to.aDd is no part of, or proceeß in, the trade or business oarried on by the person who entrusts the work to the sub- contract or; and in case? ia which the Bub- contractor provides and uses machinery driven by mechanical power, for the purpose of thrashing, plonghiog,or other agricultural work, he, and he alone, is liable to piy compensation to any workmen employed by him on snoh work. In view of the liability attaching to farmers and others, attention is particularly directed to the faot that many of the leading insurance companies are now issning farmers' insurance policies which provide for the payment of compensation on the basis of the Workmen's Compensation for all accidents ojcurring to workmen in the coarse of employment in agriculture,and cover, In addition, the existing liability of {armors in oonneotion with accidents to their servants under the Employers Liability Act, 1880. The annual premiums charged for these policies range from about 3s for every LIOO of wage? paid.