THE WORKERS' COMPENSATION, ACT.

Maoriland Worker, Volume 3, Issue 48, 9 February 1912, Page 14

THE WORKERS' COMPENSATION, ACT.

Another Job for the Federation

Sir,-Marly last, yoar one «i our comrades, Alex, ltlcliuelue, wa« killed by a fall ol coal in a small mine at Waromii. The lessee of the mine did not

have his employees innnn»d/ The widow put iior esse, in tho liancl.>» ,ol a lawyer a.t Milton. The lawyer served a claim on Cooper (the employer* for the maximum amount of oompetWKi-tion payable under the Act. This Cooper refused to pay, but offered something.like £'351) to the widow. His offer was not accepted, on the advice of tho lawyer, so the case went to Court, with the result that a verdict was given for something like £020. Cooper again approached .the wiflow and offered her £3-50 in full settlement of her claim, and told her that if she did not accept that offer he would go through the Bankruptcy Court, and she would probably get a good deal less tlian £-350. The widow consulted her lawyer, and asked his advice, fie told her he would not let her accept Cooper's offer, even, if she wanted to. Ho said if «he dreamed of such a- thing he wouldi apply to the powers that bo to take the- case out of her hands.

The next event was that Cooper filed his schedule, and it seems that all the unfortunate widow will ' get is about £250, and out of that amount her /clever legal adviser has to got his dividend. Now, there are two obvious deductions to b& drawn; from the actions of her adviser —sitlier he forgot that there was a Bankruptcy Act on the Statute Book of New Zealand or he saw the chance of a good, bit of business for himself. Certainly, everyone thought that Cooper was a man of means; in fact, he boasted that he had a sum of money amounting bo over four figures out at 6 per cent, interest; but, that notwithstanding, it ; was undoubtedly the duty ..of this atart legal gentleman to ascertain if he had a chance to do bettor for his client than the offer that Cooper mada. : Now that Cooper has filed, the lawyer; is forced to admit that ho oaimatf discover that Cooper has enough to pay his clients compensation; and all he can say is that ho is not satisfied that Cooper lias put in a correct statement of his affairs. However, I supfto** ho will not forget to render a full claim for his valuable services.

Now, Sir, I think that one martyr is enough, and. that it is the duty of the Federation to use such means as are necessary to get the Act so amended that no employer can employ a worker without having him insured, or elso to have a sum set aside for the purpose of meeting any claims that may be made on him under the Compensation Act. What is the U3e of the Act if an employer can neglect to insure his workers, and then, when am accident occurs, slip through tbjer Bankruptcy Court and leave the unfortunate dependents with little but a big legal bill to pay? There is one important point settled by this case, however, and that is the meaning of the last sentence in Subsection (1) of Section 6 of the Act. The court held that it practically meant that if a worker was absent from work that fact was not to be taken to reduce the workers' average earnings. In other words, it meant that, in an industry where the week's work meant six days, the average weekly earnings of a worker earning 10i. per day, and who might be absent from work on any of the days of the week, would be £3.—Yours, etc., Kaitangata. R. M. RIDD.