WORKERS' COMPENSATION.

Taranaki Daily News, Volume L, Issue 61, 31 October 1907, Page 2

WORKERS' COMPENSATION.

THE GOVERNMENT'S NEW BILL. Tor Press Association. Wellington, Tuesday. The Workers' Compensation Bill introduced by the Minister for Labor was circulated late to-night. Tile Bill repeals and consolidates all existing enactments as to Workers' Compensation, •and makes a number of amendments, of which the following are the most important:— Scope of the Bill—The claim to compensation is extended to all classes of employees who are engaged in the trade or business of tlieir employers, whatever the nature of that trade Or business may be. The only persons excepted are employees whose average remuneration exceeds £'"> a week. Servants of the Crown and of local and public authorities (as specified in a schedule) are also included. Persons engaged in hazardous employments (as defined in a schedule) aro also included, although they may ! not b' engaged in the trade or busine-s i of their employers. , I No employer is liable to pay eomI pensation to any relative (as defined in 1 the Bill) who is employed by him. C.aiius of this sort made against insurance companies are the source of much trouble, and do not deserve to be encouraged. (Jjinpcnsation on death—ln the ease of total dependency the maximum is increased from .£4OO to £SOO. funeral and medical expenses not exceed,ng £2O are in every case to be added to the compensation payable. Compensation for ineipacity The lump sum in lieu of weekly payments is fixed at the present value of the weekly payments that would be rcceiv-. ed. (the present law contains no definite provision). Compensation for parti til incapacity is fixed at half the loss of wages. Weekly payments are in every case limited to six years. At present all workers permanently incapacitated eventually receive the same aggregate amount, regardless of tire amount of their wages, because the

same maximum is fixed for all. The new provision makes the total compensation vary with the wages received by the worker at the time of the accident. The maximum sum is raised from £3OO to

£SOO. Certain spec.tic injuries stated in tho schedule have fixed rates of compensation allotted to them as amounting either to a total disablement or to some definite proportion of total disablement. Tins provision will avo.d any dispute as to tue amount of compensation in these cases, and will also secuio substantial compensation for serious injury, even thougtl the immediate

result of the Injury is a c, mparatively small loss of wages. ine earning power of a clerk, lor instance, may be little reduced by the loss of a leg, but lie will, lievertheic s, obtain substantial compensation. Xne term . "average

weekly earnings" is defined in accordance with the English Act of , 190 li. Additional compensation is awarded to workers permanently injured while under twenty-one ye.rs ot age, for tho present earning power of sueli workers dots not represent their real loss. Industrial diseases—Compensation -is for certa.n diseases incurred in the course of a worker's employment. Inis is in accordance with the English Act of ltltlO. The benefits of the Act are extended to all seamen engaged on New Zealand ships, whether the accident happens in New Zealand waters or

Exclusive jurisdiction is given in compensation cases is given to the Court of Arbitration, the limited power oi magistrates being taken away. Contracting— I The present law as to tile liability of a principal to the workers employed by a contractor is modd.e., to some extent. The pr.ncipal is made liable if two conditons are iulliilid: (a) liiu contract must be worth at least unless the work to be done is directly a part of the principal's own trade or business; and (b) Hie accident must li.ppon on prew.ses owned, occupied or used by the principal, Declaration of liability—ln case of injuries which do not immed.ately cau-.e any incapacity, but wftieh may do so in llie luture, provision is made for obtaining a declaration of liability on which compensation may be afiei wards assessed, : . Costs-Provisions are limitation of legal costs in procedings W compensation.

Contracting out of the Act-Scheiucs of insurance between an employer and bis workers m lieu of the bcnelits of inn Act are abolished.

Employers' Liability Acts - These Acts are repealed oil the ground tnat they are now superfluous and a cause of cjinplcxity and unnecessary litigation. In.ur He .Bill a worker has two rcmeUK'!., (a J It lie can prove personal negli* gence against his master He can sue as common lsiv for damages, (b) Wlietlier tile muster is negligent or not the servant can sue for compensation under this Act, .but lie cannot sue his employers for 'damages merely because of ""-'gl'gence of a fellow servant.