Workers' Compensation.

Maoriland Worker, Volume 2, Issue 36, 10 November 1911, Page 17

Workers' Compensation.

iThe Recent Legislation.

A SUMMARY THEREOF

By P. J. O'REGAN (F.L. Attorney).

The folloAving is a precis of the Workers' Compensation Act Amendment Act, which has just been passed, though, in virtue of a special provision to that jeffect, the Act does not come into operation until March 1 next: —■ .

A wife and her children Under the age of 16 years are now entitled to claim compensation in the event of the husband's death, notwithstanding the -fact that at the time of the accident jthe parties were living apart, and eve a (though the wife was receiving nothing (from deceased. In other words', wife land children are conclusively presuln|ed to be dependent or. deceased, but the wife shall not be ! 'entitled if It bo shown that prior to the accident she had deserted deceased without just cause. This provision remedies the law as established in the recent case, Flora |She—vood v. the N.Z. Shipping Company. In that case the husband had ideserted the wife, and had paid nothing towards her support for five years, although he had contracted to do so. Following a recent decision of the House of Lords, tlie Court of Arbitration held that tlie AvidcAV could not succeed. The amendment herein summarised was made in consequence.

Great hardship has been occasioned by the limitation of the benefits provided by the Act of 1908 to persons AA'hose Avages Avcre not in excess of £5 per week. The new Act removes this injustice, and entitles manual worker to compensation, no matter what his rate of wages, though the maximum amount recoverable is still £500. This virtually harmonises the IaAV in this connection with that of England.

Under the Act of 1908, "serious and wilful misconduct" by the worker contributing to the accident is a Jbar to the recovery of compensation. The new Act makes the right to compensation absolute if the accident has caused death or permanent total incapacity. In other Avords, the defence of serious and wilful misconduct will not be available if either of these results follow.

A finger or toe, if rendered permanently amd wholly useless, will now be within ScheduleTl. of the Act of 190$, and compensation for... ouch an injury

will hereafter be payable under th* Schedule as if the member had been aotually severed. Under the Act- of 1908 only an eye or a foot is deemed to have beein losb if rendered permanently and AvhoiLly useless.

Domestic servants will now be within the scheme of workers' compensation. Under tlie Act of 1908 they ana not included, unless they meet with an. accident Avithin the class mentioned ia the first schedule thereto

A fee not exceeding one pound will now be recoA r erable from the employer foT medical expenses. Heretofore the worker has been -solely responsible for medical expenses.

It will thus he seen that! substantial benefits are conferred by the new statute. By it many of the anomalies produced by the principal Act have been re-moved. It only remains now to get rid of the notorious "domicile clause," under which Australians are placed in the same position as aliens;