The Daily News. FRIDAY, NOVEMBER 23,1900. COMPENSATION FOR ACCIDENTS.

Taranaki Daily News, Volume XXXXII, Issue 230, 23 November 1900, Page 2

The Daily News. FRIDAY, NOVEMBER 23,1900. COMPENSATION FOR ACCIDENTS.

One of the most important Labour measures passed by the present Government is the Workers' Compensation for Accidents Act. The measure had before last session been tvyipe before the Legislature, and had on both occasions passed the Legislative Council, but its progress had been delayed in the Lower House, although Parliament had passed the companion measure, under which the Government set up an Accident Insurance Department, in which employers could insure against most of tho liabilities imposed on them by this Act. Last session, however, the measure passed both Houses, and it

is now on the Statute Book. The employments to which the Act applies are —any industrial, commercial, or manufocturing work carried on by or on behalf of the employer as part of his trade ®r business; any mining, quarrying, engineering, building, or other hazardous work carried on by. or on behalf of the employer as part of his trade or ■ business ; any work carried on by or on behalf of the Crown or any local authority as an employer, if the work would, in the case of an private employer, be an employment to which the Act applies. It does not, however, apply to workers- in the naval or military service of the Crown where definite provision is otherwise made. An employer is not liable for any injury which does not disable the worker from earning full wages for at least two # weeks, nor for any injury which it is proved to be directly attributable to the serious and and wilful misconduct of the worker, but otherwise tlie employer is liable to pay compensation for injuries sustained by workmen in his employ. Where the injury is caused by the negligence, default, or the wilful act of the employer or of some person -for whose act or default the employer is responsible, the worker may either claim compensation under the Act or take the same ■ proceedings as are open to him inde- ; pendently of tho Act, but the employer is not liable to pay compensation under! the Act ancf*also independently of it,] and is not liable to pay compen- j sal ion independently of the Act. When any question arises as to the liability to pay compensation or as to the amount or duration of compensation under the Act, or as to whether the employment is one to which the Act applies, the question, if not settled by agreement will be settled as an industrial dispute by tho Court of Arbitration, before which either party may appear either personally or by counsel, or by a duly . appointed agent. Where an action is brought, independbutly <,f ihe Act, and it is de'ei mined that ths injurv is one for which the employer would hi'vebeen liable mule'- the Act, the acti n must be dismissed, but tin C'.iiimj liiav, if tie pkuntiif .choosth. assess the compensation payable and deduct the costs caused by the plain tiff wrongly bunging the action, and the ccrtiiicate the l.ourt then gives sl.all iisivo the force and eft' ct of an a»ard under the Indtu-tiial Arbitra ti'in Ac;.. No jHYH-CHiiiiigo for t!n

i'i-ecovoi'v of cotiipojr-atioti under tlii i (let riivijl l:o ir,:r;i)t.>iiiab!e unle:-: | notic i of the iiccidt iit iwf, bean given tis soon as pr.u.tic ~ble after it "hap j peperl, firu] t!w v* o/.!:oi' ha '■

which he was injured, nor unless the claim for compensation has been made within three months after the accident, or, in case of death, within six months after the date of death. The Act provides, however, that any defect or inaccuracy shall not be a bar to the proceedings if it is found that such defect or inaccuracy does not prejudice the employer in his defence, or if the inaccuracy or defect was occasioned by mistake or other reasonable cause. The notice may be signed by the worker injured or by any of his dependents, or by any person on behalf of the worker or his dependents. It must give the name and address of the person injured, and state the cause and nature of the injury and where and when it was sustained, and must be served on the employer either by leaving the same at his residence or place of busi-i ness, or by registered letter. Where the employer is the Crown, or any departmental officer acting for the Crown, the notice must be served on the Solicitor-General in Wellington, Provision is made for the employer and workmen agreeing to a scheme of compensation, benefit, or insurance, which must be approved by the Board of Conciliation, and until the contract is revoked it shall take the place of the provisions of the Act. The period of operation of such control is limited to five years, and no scheme must contain an obligation on the workeis to join it as a condition of their hiring, while the Board may revoke its permission on good cause being shown, all decisions of the Board to be subject to revision by the Court of Arbitration. In cases where a principal contracts with any other person for the carrying out of any work, both are to be regarded as employers [of the worker, and jointly and severally liable for any compensation, but the principal shall be entitled to be indemnified by. the contractor against his (the principal's) liability, and shall not be liable except where the work relates directly to the land, building, vessel, or other property of the principal, or is directly a part or a process in the trade or business of the principal. In the case of sub-contracts, a "principal" will be not only the person who originally let the contract, but each contractor who lets a sub-contract and sub-contractors will also be regarded as contractors, but each principal is to have the right of indemnity against every other contractor standing between him and the contractor in whose employ the worker was at the time of the accident. Where some person other than the employer islegally liable to pay damages, the injured person may either proceed against him independently of the Act, or against the employer under the Act, but he cannot do both, and if compensation id paid under the Act, the other person must indemnify him. The claims of a worker for compensation are to ba a first charge on the property in case of bankruptcy or liquidation, and where the injury occurred in or about a mine, building, factory, or vessel, the amount of the compensation shall be & first charge on the property, and the land on which it is situated. The Act also provides that existing arrangements by which a worker relinquishes his right to compensation for injury shall cease, and every accident insurance policy hereafter issued must coijain only such provisions as .are approved by the Governor-in-Council, which means the Government. . The scale of compensation payable is as follows:—In the case of death from the injury, if any dependents are left it shall be equal to the deceased's earnings in the same employer's employ for the previous three year?, or £2OO, whichever sum is the larger, but in no case must it exceed <£4oo. If he only leaves persons partially dependent on his earnings the amount shall be such sum as is agreed upon On the foregoing scale, or as may 'be determined to be reasonable. "If he' leaves no dependents, the compensation is to be sufficient to cover the expenses of medical attendance and burial, not exceeding ,£3O. Where partial incapacity for work results, the compensation is to be a weekly payment after the second week not exceeding half his average weekly earningsforthe previous twelve months, not exceeding £2, and the total liability of the employer is not to exceed £3OO. Any question as to who is a dependant, or as to the Amount payable to each dependant, shall, if an agreement is not arrived at,, be settled as an industrial dispute under the Industrial Arbitration Act, and no money paid or payable in respect of compensation may be assigned, charged, or taken in execution.