WORKERS' COMPENSATION BILL.

Dominion, Volume 1, Issue 30, 30 October 1907, Page 8

WORKERS' COMPENSATION BILL.

IMPORTANT PROVISIONS,

-The Workers' Compensation Bill, which has, been introduced by tho/Hon; J. A. Millar, Minister for Labour, was .circulated yesterday. The Bill is explained, in the following memorandum, .which has'been drawn up by the Counseltp the Law Drafting Office: — This Bill repeals and consolidates all existing onaotments as to .workers' compensation, and makes a'number of amendments,of which the following arc the important: — - ■ . .-..-:

1. Scopo of the Bill.—The claim to compensation is extended to all classes of employees who are engaged-in the trade or business of their omploycr,-whatever the nature of-that trade: or business may bo. -Tho only persons ■excepted arc employees' whose averago ronumeration exceeds £5 per week. Servants of the Crown l and of local and public authorities (as specified in a Schedule) aro also included. Persons engaged in hazardous employments (as defined in a Schedule) are also included, although they arc not engaged in the trade or business of their employer.

2. No employer is liable to pay compensation Wiiiiy relative (as defined in this Bill) who is employed by him. Claims- of this sort (made against insurance companies) are the sourco of much trouble, :and do not de-serve-'to. bo encouraged.

3. Compensation on Death.—ln the case of total dependency'' the 'maximum, is increased from £400 to £500. 'Funeral and medical expenses not exceeding £20 are in every- caso to bo added to the compensation payable. ,4. Compensation for Incapacity.—The lump sum in lieu, of weekly payments is fixed at the present value of tho weekly payments that would ho received. (The present Jaw contains no definite provision.) -Compensation for partial incapacity is fixed at half tho loss of wages,' just as compensation for total incapacity is and has been half the total wages. Weekly payments are in every ease limited to six years. At present all workers permanently incapacitated event-' ually receive the same aggregate amount, regardless of the amount of their wages, because the same maximum is fixed Tor. all. 'Tho new provision makes tho total compensation vary with the wages received by the worker at the time of tho accident. The maximum sum is raised from £300 to £500. Certain specific injuries (stated in a schedule) have fixed rates of compensation allotted to them, as amounting.cither, to total disablement or to some definite proportion of, total disablement. This provision will-avoid any dispute as to the,''amount of compensation in these cases, and \HII also secure substantia] compensation for serious injury, ovon though the immediate result of the injury is a comparatively small loss of wages. The oarn-iug-power of a clerk, for. example, may be little reduced by the loss of a leg, but he' will nevertheless obtain substantial compensation. The. term "average 'weekly earnings" is defined in accordance with the English Act of 1906. Additional compensation is awarded to workers permanently injured while under' twenty-one years'of age, for the present earning-powcr of such workers does not represent their real loss.

5. Industrial Diseases.— Compensation .s given.for certain diseases incurred in tho course of a worker's employment. This is ; n accordance witlrthe English Act of 11)06. ■ 0. Seamen.—Tho benefits of the Act are extended to all seamen engaged 'in New Zealand ships, whether the accident happens in Now Zealand waters or not. I 7. Magistrates' Court. —Exclusive jurisdiction in compensation cases is given to the Court of Arbitration, tho limited power of Magistrates being taken away. The provisions of iho picsent law on this subject are unsatisfactory, and, indeed, unworkable. 8. Contracting.—The present law as to the liability of a piincipal to the workers cmployed by a contractor is modified to soinc extent. Tho p.-iicipal is made liable if two conditions are fulfilled:—(a) The contract must, bo worth at least £20, unless the work to be. done is directly a part of the principal's own trade or business; and (b) The accident must happen on premises owned, occupied, or used by the principal. i). Declaration of Liability.—ln easo of injuries which do not presently cause any incapacity, but vbieh may do so in the future, provision is 'undo for obtaining a declaration of liability, on which compensation may be afterwards assessed. 4 "' 10. Costs. —Provisions are mado for the limitation of legal costs in proceedings for compensation. 11. Contracting out ', of tho Act.—Schemes of insurances' between an employer and his workers in lieu of the benefits of the Act are abolished.r 12. Employer's' Liability Acts.—These Acts are repealed on tho ground that they are now superfluous and a cause of complexity and unnecessary litigation. Under tho liill a worker has two remedies:—(a) If lie can prove personal negligence against his master, lie can sue at common law for damages; (b) Whether the master is negligent or not, the servant can sue for compensation under this Act. But he cannot sue his employer for damages merely because of tho negligence of a fellow servant.