Workmen's Compensation Act, 1934

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WORKMEN'S COMPENSATION ACT, 1934.

ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Section

Section 1

Short title.

Section 2

Commencement of Act.

Section 3

Application of Act.

Section 4

Definitions.

Section 5

“Workman”.

Section 6

Meaning of “member of a family”.

Section 7

Meaning of “dependants”.

Section 8

Meaning of “employer”.

Section 9

Local and public authorities.

Section 10

Medical referees.

Section 11

Regulations.

Section 12

Expenses.

Section 13

Repeals.

Section 14

Increase of weekly payment under Workmen's Compensation Acts, 1897 and 1900 and Workmen's Compensation Act, 1906, in cases of total incapacity.

PART II.

COMPENSATION FOR PERSONAL INJURIES TO WORKMEN AND LIABILITY THEREFOR.

Section 15

Liability of employers to workmen for injuries.

Section 16

Non-liability of employer in certain cases.

Section 17

Prohibition of contracting out.

Section 18

Persons entitled to compensation.

Section 19

Sub-contracting.

Section 20

Bankruptcy of employer.

PART III.

AMOUNT OF COMPENSATION AND REVIEW AND REDEMPTION OF WEEKLY PAYMENTS.

Section 21

“Earnings” and “Average weekly earnings”.

Section 22

Compensation in fatal cases.

Section 23

Amount of compensation in non-fatal cases.

Section 24

Treatment of partial incapacity as total incapacity.

Section 25

Reviews of weekly payments.

Section 26

Restriction on ending or diminishing weekly payments by employer.

Section 27

Redemption of weekly payments.

PART IV.

CONDITIONS OF COMPENSATION.

Section 28

Notice of accident generally.

Section 29

Notices of accidents in mines and factories.

Section 30

Accident book at mines, etc.

Section 31

Time limit for commencing proceedings.

Section 32

Condition as to residence.

Section 33

Medical examination of workman by employer's medical practitioner.

Section 34

Examination of workman by medical referee.

Section 35

Suspension of right to compensation.

PART V.

JURISDICTION OF THE CIRCUIT COURT.

Section 36

Jurisdiction of the Circuit Court.

Section 37

Rules of Court.

Section 38

Exercise of jurisdiction by the Circuit Court and county registrars.

Section 39

Attendance of medical assessor.

Section 40

Variation of former order by the Court.

Section 41

Disposal of compensation.

Section 42

Court fees.

Section 43

Payment of compensation and costs.

PART VI.

AGREEMENTS IN RELATION TO COMPENSATION.

Section 44

Matters required to be determined by the Court.

Section 45

Registers of Agreements under the Workmen's Compensation Act, 1934.

Section 46

Agreements to be in writing.

Section 47

Weekly payment agreement.

Section 48

Variation agreements.

Section 49

Redemption of weekly payment by agreement.

Section 50

Commutation agreements.

Section 51

Agreement by way of compromise of disputed claim.

Section 52

Lump sum agreements.

Section 53

Applications for registration of agreements.

Section 54

Objections to registration.

Section 55

Reference of application for registration to the Court.

Section 56

Procedure where no objection to registration.

Section 57

Procedure where objection to registration.

Section 58

Matters arising on determination by court of application for registration.

Section 59

Rectification of the register of agreements.

PART VII.

ALTERNATIVE REMEDIES BY WORKMEN.

Section 60

Independent remedies against employer.

Section 61

Remedies both against employer and stranger.

Section 62

Substitution of liability under scheme for liability under Act.

Section 63

Saving as respects fines under Mines and Factories Acts.

PART VIII.

APPLICATION OF THIS ACT TO SPECIAL CLASSES OF PERSONS.

Section 64

Application to workmen in the employment of the State.

Section 65

Application to men being trained or engaged in rescue work in mines.

Section 66

Application of Act to crews of certain ships.

Section 67

Application of Act to persons (other than seamen) employed on certain ships.

Section 68

Extension of Act to certain share-fishermen.

Section 69

Detention of ships.

Section 70

Conventions with other States.

PART IX.

ADMINISTRATIVE PROVISIONS.

Section 71

Transfer of compensation for administration in another State.

Section 72

Prohibition against charging or assigning weekly payments.

Section 73

Payment for medical or surgical treatment.

Section 74

Returns by employers.

Section 75

Amendment of section 18 of the Coal Mines Act, 1911.

PART X.

APPLICATION OF ACT TO CERTAIN INDUSTRIAL DISEASES.

Section 76

Application of Act to industrial diseases.

Section 77

Supplemental provisions as to industrial diseases.

Section 78

Mutual insurance of employers engaged in industries.

Section 79

Power by scheme to apply Act to workmen suffering from silicosis.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

FIFTH SCHEDULE.

SIXTH SCHEDULE.

Act Referred to Defence Forces (Temporary Provisions) Act, 1923 No. 30 of 1923 Number 9 of 1934.

WORKMEN'S COMPENSATION ACT, 1934.

AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT AND TO AMEND SECTION 18 OF THE COAL MINES ACT, 1911. [22nd March, 1934.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

1.—This Act may be cited as the Workmen's Compensation Act, 1934.

Commencement of Act.

2.—This Act shall come into operation on such day as shall be fixed for that purpose by order of the Minister for Industry and Commerce.

Application of Act.

3.—This Act shall not save as expressly provided thereby apply in any case where the accident happened before the commencement of this Act.

Definitions.

4.—In this Act:— the expression “the Minister” means the Minister for Industry and Commerce; the expression “the Court” means the Circuit Court; the words “ship” “vessel” “seaman” and “port” have the same meanings as in the Merchant Shipping Act, 1894 ; the word “manager” when used in relation to a ship means the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner; the word “prescribed” means prescribed by regulations made by the Minister under this Act. “Workman”.

5.—(1) In this Act the word “workman” means a person who complies with both the following conditions, that is to say:— (a) is either:— (i) a person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied or is oral or in writing, or (ii) a person engaged in plying for hire with any vehicle or vessel the use of which is obtained from the owner thereof under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise, and (b) is not an excepted person.

Part III

of the Defence Forces (Temporary Provisions) Act, 1923 (No. 30 of 1923), in respect of any accident arising out of and in the course of his military service or otherwise howsoever under his contract of enlistment; (e) a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles; (f) a member of the employer's family dwelling in his house.

Meaning of “member of a family”.

6.—In this Act the expression “member of the family” means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister.

Meaning of “dependants”.

7.—(1) In this Act the word “dependants” means such of the members of the family of a workman as were wholly or in part dependant on the earnings of such workman at the time of his death, or would but for the incapacity due to the accident which resulted in such workman's death have been so dependent, and where a workman being the parent or grand-parent of an illegitimate child leaves such a child so dependent on his earnings or, being an illegitimate child, leaves a parent or grand-parent so dependent upon his earnings, shall include such illegitimate child and parent or grand-parent respectively.

Meaning of “employer”.

8.—(1) In this Act the word “employer” includes any person and the legal personal representative of a deceased employer.

Local and public authorities.

9.—The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this Act, be treated as the trade or business of such authority.

Medical referees.

10.—(1) The Minister may from time to time appoint such and so many medical referees (in this Act referred to as medical referees) for the purposes of this Act as he may think necessary and the Minister for Finance shall sanction.

Regulations.

11.—The Minister may by order make regulations in respect of any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Expenses.

12.—All expenses incurred by the Minister and the Minister for Justice under this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

13.—(1) The enactments mentioned in the First Part of the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule, subject, however, as follows— (a) the said enactments shall continue to apply to cases where the accident happened before the commencement of this Act, and for that purpose any scheme, order, rule, regulation, agreement, certified, issued or made, or any other thing done under the enactments so repealed and in force at the commencement of this Act shall continue in force and have effect as if the said enactments had not been repealed; (b) the repeal of sub-section (2) of section 16 of the Workmen's Compensation Act, 1906, shall not affect the application of the Workmen's Compensation Acts, 1897 and 1900, to cases to which by virtue of that sub-section the said Acts are to apply.

Increase of weekly payment under Workmen's Compensation Acts, 1897 and 1900 and Workmen's Compensation Act, 1906, in cases of total incapacity.

14.—Where a workman is at any time after the commencement of this Act entitled to a weekly payment by way of compensation under the Workmen's Compensation Act, 1906, or the Workmen's Compensation Acts, 1897 and 1900, in respect of total incapacity arising from an accident which occurred before the commencement of this Act, then so long as the workman remains totally incapacitated he shall, in lieu of the addition to such weekly payment which would have been payable under the Workmen's Compensation (War Addition) Acts, 1917 and 1919, if the said Acts had been continued in force, be entitled to receive in addition to such weekly payment a sum equal to three-fourths of the amount of such weekly payment and such sum shall for all purposes be treated as if it were part of such weekly payment.

PART II.

Compensation for Personal Injuries to Workmen and Liability Therefor.

Liability of employers to workmen for injuries.

15.—(1) If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, subject to the provisions of this Act, be liable to pay compensation in accordance with the provisions of this Act.

Non-liability of employer in certain cases.

16.—(1) An employer shall not be liable under this Act in respect of any injury which does not disable a workman for a period of at least three days from earning full wages at the work at which he was employed when he sustained such injury.

Prohibition of contracting out.

17.—(1) Subject to the provisions of this section, any contract between an employer and any of his workmen whether made before or after the commencement of this Act whereby other provisions are substituted for the provisions of this Act shall be void and of no effect.

Persons entitled to compensation.

18.—(1) Where compensation is payable under this Act in respect of an injury to a workman which does not result in his death, the compensation shall be paid to or applied in the manner provided by this Act for the benefit of such workman.

Sub-contracting.

19.—(1) Subject to the provisions of this section, where any person (in this section referred to as the principal) in the course of or for the purpose of his trade or business, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the execution of such work any compensation under this Act which he would have been liable to pay if such workman had been immediately employed by him.

Bankruptcy of employer.

20.—(1) Where any employer has entered into a contract (in this section referred to as a contract of insurance) with any insurers in respect of any liability under this Act of such employer to any workman, then, in the event of such employer becoming bankrupt or making a composition or arrangement with his creditors, or if such employer is a company, in the event of such company having commenced to be wound up or a receiver or manager of such company's business or undertaking having been duly appointed or possession having been taken, by or on behalf of the holders of debentures secured by a floating charge, of any property comprised in or subject to that charge, the following provisions shall have effect:— (a) the rights of such employer against such insurers as respects that liability shall, notwithstanding anything contained in any enactment, be transferred to and vest in the workman, and upon any such transfer such insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so however that such insurers shall not be under any greater liability to the workman than they would have been under to the employer, and (b) if the liability of the insurers is less than the liability of the employer to the workman, the workman may prove for the balance in the bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.

PART III.

Amount of Compensation and Review and Redemption of Weekly Payments. “Earnings” and “Average weekly earnings”.

21.—For the purposes of the provisions of this Act relating to “earnings” and “average weekly earnings” of a workman the following provisions shall have effect, that is to say:— (a) average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated; (b) where by reason of the shortness of the time during which the workman has been in the employment of his employer, or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district; (c) where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident; (d) employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause; (e) where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings; (f) upon request of the workman to the employer liable to pay compensation, that employer shall furnish in writing a list of the earnings of that workman upon which the amount of the average weekly earnings may be calculated for the purpose of determining the amount of any weekly payment under this Act.

Compensation in fatal cases.

22.—(1) Where compensation is payable under this Act in respect of an injury to a workman which results in his death, the following provisions shall have effect, that is to say:— (a) if such workman leaves an adult dependant but does not leave any juvenile dependant, the compensation shall be a lump sum (in this Act referred to as the adults' lump sum), of an amount calculated in accordance with the rules contained in the Second Schedule to this Act; (b) if such workman leaves an adult dependant and also leaves a juvenile dependant, the compensation shall consist of— (i) the adults' lump sum, and (ii) a lump sum (in this Act referred to as the children's lump sum) of an amount calculated in accordance with the rules contained in the Second Schedule to this Act; (c) if such workman leaves no adult dependant but leaves a juvenile dependant, the compensation shall be a lump sum (in this Act also referred to as the children's lump sum) of an amount calculated in accordance with the rules contained in the Second Schedule to this Act; (d) if the workman leaves neither an adult dependant nor a juvenile dependant, the compensation shall be a lump sum, not exceeding fifteen pounds, equal to the reasonable expenses of his medical attendance and burial.

Amount of compensation in non-fatal cases.

23.—Where compensation is payable under this Act in respect of an injury to a workman which does not result in his death, the compensation shall be a weekly payment during the period of incapacity (except, where the incapacity lasts less than four weeks, the first three days of such incapacity) of an amount calculated in accordance with the rules contained in the Third Schedule to this Act.

Treatment of partial incapacity as total incapacity.

24.—(1) Subject to the provisions of this section if a workman, who has so far recovered from the injury as to be fit for employment of a certain kind, has failed to obtain employment and it appears to the Court either— (a) that, having regard to all the circumstances, it is probable that the workman would, but for the continuing effects of the injury, be able to obtain work in the same grade in the same class of employment as before the accident; or (b) that his failure to obtain employment is a consequence, whether wholly or mainly, of the injury, the Court shall order that the workman's incapacity shall be treated as total incapacity resulting from the injury for such period, and subject to such conditions, as may be provided by the order, without prejudice, however, to the right of review conferred by this Act.

Reviews of weekly payments.

25.—(1) Where a workman is in receipt of a weekly payment, the Court may on the application of either the employer or the workman review such weekly payment and on such review may confirm, end, diminish or increase such weekly payment, but shall not increase such weekly payment beyond the maximum amount provided under the Third Schedule to this Act.

Restriction on ending or diminishing weekly payments by employer.

26.—(1) An employer shall not be entitled otherwise than under an order of the Court or under a variation agreement duly registered under

Part VI

. of this Act or under and in accordance with this section to end or diminish a weekly payment.

Redemption of weekly payments.

27.—(1) Where any weekly payment to a workman, whose incapacity is permanent, has been continued for not less than six months, the employer of such workman may, at any time after such workman has attained the age of twenty-one years and before he has attained the age of fifty years, apply to Court for an order redeeming his liability to make such weekly payment, and upon such application being made the Court shall order that such liability shall be redeemed, as from the date of such application, by the payment by such employer of a lump sum of such amount as would, if invested on the date of such application in the purchase of an immediate life annuity, purchase an annuity for such workman equal to seventy-five per cent. of the annual value of such weekly payment.

PART IV.

Conditions of Compensation.

Notice of accident generally.

28.—(1) Subject to the provisions of this and the next following section, proceedings for the recovery under this Act of compensation for an injury shall not be maintained unless notice (in this Act referred to as notice of accident) in writing of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured.

Notices of accidents in mines and factories.

29.—(1) There shall be kept constantly posted up in some conspicuous place at or near every mine, quarry, factory or workshop where it may be conveniently read by the persons employed therein, a summary in the prescribed form of the provisions of this Act with regard to a notice of accident and the procedure to be followed in the case of industrial diseases, and in the event of such summary becoming effaced, obliterated or destroyed, it shall be renewed with all reasonable dispatch.

Accident book at mines, etc.

30.—(1) There shall be kept at every mine, quarry, factory, or workshop a book (in this section referred to as the accident book) in the prescribed form in which the prescribed particulars of any accident happening to any person employed at such mine, quarry, factory or workshop may be entered by such person or some other person acting on his behalf.

Time limit for commencing proceedings.

31.—(1) Subject to the provisions of this section, proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless such proceedings are commenced within six months from the occurrence of the accident causing the injury, or in the case of death within six months from the time of death.

Condition as to residence.

32.—(1) If a workman receiving a weekly payment ceases to reside in Saorstát Eireann, he shall thereupon cease to be entitled to receive any weekly payment unless the medical practitioner of the employer certifies that it is desirable, owing to the condition of health of the workman, that the workman should reside outside Saorstát Eireann, or a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature.

Medical examination of workman by employer's medical practitioner.

33.—(1) Where a workman has given notice of accident or where an accident has occurred in respect of which the necessity of giving notice under this Act is dispensed with, he shall, if so required by his employer, submit himself for examination by a duly qualified medical practitioner provided and paid by his employer and if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation shall be suspended until such examination has taken place.

Examination of workman by medical referee.

34.—(1) Where a workman has, in accordance with the immediately preceding section, been examined by a medical practitioner provided by his employer, or has been examined by a medical practitioner provided by himself, and such employer or workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of such medical practitioner as to such workman's condition, then in the event of no agreement being come to between such employer and such workman as to the latter's condition or fitness for employment, such employer and workman or either of them may apply to the county registrar to make an order (in this section referred to as a reference order) referring the matter to a medical referee, and thereupon the county registrar shall, unless the application is made by one party only and he is of opinion that owing to the nature of the case the matter should be determined by the Court, make such reference order.

Suspension of right to compensation.

35.—Where under this Part of this Act a right to compensation is suspended no compensation shall be payable in respect of the period of such suspension.

PART V.

Jurisdiction of the Circuit Court.

Jurisdiction of the Circuit Court.

36.—(1) The Circuit Court shall have exclusive jurisdiction to hear and determine all claims for compensation arising under this Act and (in addition to all powers and jurisdictions specifically conferred on the Circuit Court by this Act) shall have power and exclusive jurisdiction to hear and determine all matters and questions arising on or incidental to any such claim.

Rules of Court.

37.—Until Rules of Court are made for the purposes of this Act, the Rules of Court for the purposes of the Acts repealed by this Act and in force at the commencement of this Act shall, with all necessary modifications, apply for the purposes of this Act.

Exercise of jurisdiction by the Circuit Court and county registrars.

38.—(1) The jurisdiction conferred by this Act on the Circuit Court shall be exercised by the Judge of the Circuit Court for the time being assigned to the circuit appointed by Rules of Court and at the place in such circuit specified in such rules.

Attendance of medical assessor.

39.—(1) The Court may, in any case, summon a medical referee to sit as assessor to the Court.

Variation of former order by the Court.

40.—Where, on application being made in accordance with Rules of Court, it appears to the Court that, on account of neglect of children on the part of a widow, or on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order of the Court as to the apportionment amongst the several dependants of any sum being the adults' lump sum paid as compensation, or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Court may make such order for the variation of the former order as in the circumstances of the case the Court may think just.

Disposal of compensation.

41.—(1) Where any compensation payable under this Act in respect of the death of a workman is or consists of the adults' lump sum, the following provisions shall have effect, that is to say:— (a) where there is one dependant only, the adults' lump sum shall, as the Court may order, be either paid to the dependant or paid into Court; (b) where there are two or more dependants, the amount of the adults' lump sum allotted to each such dependant shall, as the Court may order, either be paid to that dependant or paid into Court.

Court fees.

42.—(1) Subject to the provisions of this section, no Court fees shall be payable by any party in any proceedings by or against a workman under this Act prior to the order of the Court granting or refusing compensation.

Payment of compensation and costs.

43.—Any sum awarded as compensation shall, unless paid into Court under this Act, be paid on the receipt of the person to whom it is payable under any agreement or order of the Court, and the solicitor of a person claiming compensation under this Act shall not be entitled to recover from him any costs in respect of any proceedings under this Act, or to claim a lien in respect of such costs on, or deduct such costs from, the sum awarded or agreed as compensation, except such sum as may be awarded by the Court, on an application made either by the person claiming compensation, or by his solicitor, to determine the amount of costs to be paid to the solicitor, such sum to be awarded subject to taxation and to the scale of costs fixed by Rules of Court.

PART VI.

Agreements in Relation to Compensation.

Matters required to be determined by the Court.

44.—Where compensation is payable under this Act in respect of injuries to a workman which result in his death and such workman leaves any adult dependant or juvenile dependant, the following matters, that is to say:— (a) the amount of such compensation; (b) the ascertainment of the person or persons entitled to such compensation; (c) the allocation of such compensation; shall be determined by the Court and not otherwise.

Registers of Agreements under the Workmen's Compensation Act, 1934.

45.—As soon as conveniently may be after the passing of this Act a register to be called and known as the Register of Agreements under the Workmen's Compensation Act, 1934, and in this Part of this Act referred to as the register shall be set up in every Circuit Court Office and shall be thenceforward there kept and maintained in accordance with regulations made by the Minister for Justice.

Agreements to be in writing.

46.—Every agreement in respect of which registration is sought under this Part of this Act shall be in writing and shall be signed by the parties thereto.

Weekly payment agreement.

47.—Where an employer and a workman enter into an agreement (in this Act referred to as a weekly payment agreement) fixing the amount of the weekly payment to be made to such workman under this Act, such agreement shall not, nor shall the payment of the sum payable thereunder operate to fix the amount of such weekly payment unless and until it is duly registered under this Part of this Act, but on being so registered such agreement shall as from the date thereof operate and have effect as if it were an order of the Court fixing the amount of such weekly payment.

Variation agreements.

48.—Where the amount of a weekly payment to be made by an employer to a workman under this Act, has been fixed by the Court or by agreement and such employer and workman enter into an agreement (in this Act referred to as a variation agreement) ending, diminishing or increasing the amount of such weekly payment, such agreement shall not, unless and until it is duly registered under this Act, operate to end, diminish or increase (as the case may be) the amount of such weekly payment but on being so registered such agreement shall as from the date specified in that behalf therein operate and have effect as if it were an order of the Court ending, diminishing or increasing (as the case may be) such weekly payment.

Redemption of weekly payment by agreement.

49.—Where the amount of a weekly payment to be made under this Act by an employer to a workman has been fixed by the Court or by agreement between the parties, and the parties enter into an agreement (in this Act referred to as a redemption agreement) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from his liability to continue to make such weekly payment, such agreement shall not, nor shall the payment of such lump sum unless and until such agreement is duly registered under this Act, operate to release such employer from his liability to continue to make such weekly payment, but on being so registered shall operate and have effect accordingly to release such employer from such liability as from the date specified in that behalf in such agreement.

Commutation agreements.

50.—Where an employer admits his liability to make a weekly payment under this Act to a workman, but the amount of such weekly payment has not been fixed by the Court, or by agreement between the parties, and such parties enter into an agreement (in this Act referred to as a commutation agreement) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from such liability, such agreement shall not, unless and until it is duly registered under this Act, operate to release such employer from such liability, but on being so registered shall operate and have effect to release such employer from such liability.

Agreement by way of compromise of disputed claim.

51.—Where an employer disputes his liability to make a weekly payment under this Act to a workman, such employer and workman may enter into an agreement (in this Act referred to as an agreement by way of compromise) whereby in consideration of the payment of a lump sum by such employer to such workman, the latter agrees to release the former from such liability (if any), such agreement shall not unless and until it is duly registered under this Act, operate to release such employer from such liability (if any), but on being so registered shall operate as a release from such liability (if any).

Lump sum agreements.

52.—(1) Every redemption agreement, commutation agreement and agreement by way of compromise shall disclose the amount (if any) paid or payable under or in respect of such agreement by the employer to the solicitor for the workman as costs.

Applications for registration of agreements.

53.—(1) Any person interested in any weekly payment agreement, variation agreement, redemption agreement, commutation agreement, or agreement by way of compromise may send such agreement to the county registrar with an application to have the same registered in the register.

Objections to registration.

54.—(1) Any person to whom notice of an application to register an agreement has been given by the county registrar may, within seven days after the service of such notice, send a notice (in this Act referred to as a notice of objection) to the county registrar objecting to the registration of such agreement in accordance with the following provisions, that is to say:— (a) any such person may object to the registration of such agreement on any one or more of the following grounds, namely:— (i) that no such agreement was in fact entered into; (ii) that the sum to be paid under such agreement is inadequate; (iii) that such agreement was obtained by fraud, undue influence or other improper means; (iv) that the terms agreed upon by the parties are not correctly stated in such agreement; (v) that such agreement is no longer subsisting or enforceable; (vi) any ground in addition to the preceding grounds upon which if such agreement were the subject of a suit for specific performance a court of equity would refuse to decree specific performance thereof; and (b) where such agreement is a weekly payment agreement, and the same is sought to be registered on the application of the workman, the employer may object to such agreement being registered on the ground that the workman has returned to work and is earning the same wages as he did before the accident.

Reference of application for registration to the Court.

55.—(1) Where no notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by the immediately preceding section, but the county registrar is, for any reason which seems to him sufficient, of opinion that such agreement should not be registered except in pursuance of an order of the Court, he shall refer the application to the Court which shall make such order in the matter as it thinks proper.

Procedure where no objection to registration.

56.—(1) If no notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by this Act, the county registrar shall unless he refers such application to the Court under the immediately preceding section forthwith register such agreement in the register of agreements and shall notify all notice parties of such registration.

Procedure where objection to registration.

57.—(1) If a notice of objection based on a statutory ground of objection to the registration of an agreement the subject of an application for registration under this Act is received by the county registrar within the time limited by this Act, the county registrar shall refuse to register such agreement and shall notify all notice parties of such refusal and serve a copy of such notice on all notice parties other than the party who gave such notice.

Matters arising on determination by Court of application for registration.

58.—(1) Where the objection to registration of a weekly payment agreement is made by an employer on the ground that the workman has returned to work and that he is able to earn the same wages as he did before the accident and the Court is satisfied of the truth of such ground, the Court may if it directs the agreement to be registered, direct that the agreement be registered on such terms as under the circumstances it may think just.

Rectification of the register of agreements.

59.—The Court may at any time cause the register to be rectified (whether by variation, addition or omission) in such manner as justice may require.

PART VII.

Alternative Remedies by Workmen.

Independent remedies against employer.

60.—(1) Where an injury to a workman is caused by the personal negligence or wilful act of his employer or of some person for whose act or default such employer is liable, nothing in this Act shall affect any civil liability of such employer, but in that case such workman may, at his option, either claim compensation under this Act, or take proceedings independently of this Act.

Remedies both against employer and stranger.

61.—Where the injury for which compensation is payable to a workman under this Act, or any scheme certified under this Act, was caused in circumstances creating a legal liability in some person other than the employer of such workman to pay damages in respect thereof, then the following provisions shall have effect, that is to say:— (a) such workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act or such scheme for such compensation, but shall not be entitled to recover both damages and compensation, (b) if such workman has recovered compensation under this Act or such scheme, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under the provisions of this Act relating to sub-contracting, shall be liable to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of such indemnity shall, in default of agreement, be settled by action.

Substitution of liability under scheme for liability under Act.

62.—(1) If the Registrar of Friendly Societies in Saorstát Eireann (in this section referred to as the Registrar) after taking steps to ascertain the views of the employer and workman, certifies— (a) that any scheme of compensation, benefit or insurance for the workmen of an employer in any employment, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favourable to the workmen and their dependants than the corresponding scales contained in this Act, and (b) that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equivalent to those contributions, in addition to the benefits to which the workmen would have been entitled under this Act; and (c) that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favour of such scheme; the employer may, whilst the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable in respect of those workmen only in accordance with the scheme.

Saving as respects fines under Mines and Factories Acts.

63.—Nothing in this Act shall affect any proceeding for a fine under the enactments relating to mines, factories or workshops, or the application of any such fine.

PART VIII.

Application of this Act to Special Classes of Persons.

Application to workmen in the employment of the State.

64.—(1) This Act applies to workmen employed by or under the State to whom this Act would apply if the employer were a private person and, for the purposes of such application, the following provisions shall have effect, that is to say:— (a) the Minister for Finance shall be deemed to be the employer, and (b) notwithstanding anything in any other enactment, proceedings under this Act may be brought against the said Minister without obtaining the fiat of the Attorney-General.

Application to men being trained or engaged in rescue work in mines.

65.—(1) When provision has been made in pursuance of regulations under the Coal Mines Act, 1911, or under any order which has effect as if made under that Act, for the formation or training of a rescue brigade, any accident caused to a workman employed in or about a mine to which that Act applies, who is with the consent of his employer being trained as a member of the rescue brigade, and arising out of and in the course of his training, shall, for the purpose of this Act, be deemed to arise out of and in the course of his employment in the mine.

Application of Act to crews of certain ships.

66.—(1) This Act applies to masters, seamen and apprentices to the sea service and apprentices in the sea-fishing service who are workmen within the meaning of this Act and are members of the crew of any ship to which this section applies, subject to the following modifications, that is to say:— (a) the notice of accident may, except where the person injured is the master, be given to the master of the ship as if he were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident; (b) the provisions of sub-sections (1) and (2) of section 29 (which relates to notices of accidents in mines and factories) of this Act shall apply to ships and the masters thereof in like manner as it applies to factories and the occupiers thereof; (c) in case of the death of the master, seaman or apprentice, proceedings to recover compensation shall be commenced within six months after news of the death by accident has been received by the claimant; (d) where— (i) an injured master, seaman, or apprentice is discharged or left behind in any country outside Saorstát Eireann, and (ii) proceedings are taken under this Act by or in respect of such master, seaman or apprentice, and (iii) the deposition of any witness respecting the circumstances and nature of the injury has been taken in any such country on oath by a person entitled by the law to take in that country affidavits for use in matters before the High Court, and (iv) such deposition purports to be sealed with the seal and to have affixed thereto the signature of such person, such deposition shall, upon due proof that such witness is not in Saorstát Eireann, be received in such proceedings as prima facie evidence of the matters stated therein without proof of the seal or signature of such person or of the status or official character of such person; (e) in the case of the death of a master, seaman or apprentice leaving no dependants, no compensation shall be payable if the owner of the ship is, under the Merchant Shipping Act, 1894 , liable to pay the expenses of burial; (f) the weekly payment shall not be payable in respect of the period during which the owner of the ship is, under the Merchant Shipping Act, 1894 , as amended by any subsequent enactments, or otherwise, liable to defray the expenses of the injured master, seaman or apprentice; (g) any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstanding anything in

section 503 of the Merchant Shipping Act, 1894 , but the limitation on the owner's liability imposed by that section shall apply to the amount recoverable by way of indemnity under section 61 (which relates to remedies both against employer and stranger) of this Act, as if the indemnity were damages for loss of life or personal injury; (h) sub-sections (2) and (3) of section 174 of the Merchant Shipping Act, 1894 , shall apply as respects proceedings for the recovery of compensation by dependants of masters, seamen and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices, and proceedings for the recovery of compensation shall in such case be maintained if they are commenced within 18 months of the date at which the ship is deemed to be lost with all hands.

Application of Act to persons (other than seamen) employed on certain ships.

67.—This Act applies to any person not being a master, seaman or apprentice to the sea service or the sea fishing service, employed on board any ship to which the immediately preceding section applies, if he is so employed for the purposes of such ship or of any passengers or cargo or mails carried by such ship and if he is otherwise a workman within the meaning of this Act.

Extension of Act to certain share-fishermen.

68.—(1) Subject to the provisions of this section, this Act shall not apply to such members of the crew of a fishing boat as are remunerated wholly or mainly by shares in the profits or gross earnings of the workings of such boat.

Detention of ships.

69.—(1) If it is alleged that the owners of any ship are liable as such owners to pay compensation under this Act, and at any time that ship is found in any port or river of Saorstát Eireann or within three miles of the coast thereof, a judge of the High Court or Circuit Court may, upon its being shown to him by any person applying in accordance with the Rules of the Court that the owners are probably liable as such to pay such compensation, and that none of the owners reside in Saorstát Eireann, issue an order directed to any officer of customs and excise or other person named by the judge requiring him to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such compensation, or have given security, to be approved by the judge, to abide the event of any proceedings that may be instituted to recover such compensation and to pay such compensation and costs as may be awarded thereon; and any officer of customs and excise or other person to whom the order is directed shall detain the ship accordingly.

(4)

Section 692

of the Merchant Shipping Act, 1894 , shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act, and, if the owner of a ship is a corporation, it shall for the purposes of this section be deemed to reside in Saorstát Eireann if it has an office in Saorstát Eireann at which service can be effected.

Conventions with other States.

70.—Where any Convention providing for reciprocity in matters relating to compensation to workmen for injuries by accident has been entered into by or on behalf of Saorstát Eireann with any other State, or any Convention providing for reciprocity in matters relating to compensation to workmen for injuries by accident of the International Labour Organisation of the League of Nations has been duly ratified by or on behalf of Saorstát Eireann and any other State, it shall be lawful for the Executive Council by order to make provision in relation to all or any of the following matters— (a) the modification of this Act in its application to cases affected by such Convention, so, however, as not to alter the amount of the compensation in any case to which this Act may apply; (b) the determination, in cases where rights to compensation accrue both under this Act and under the law of such other State of the question whether the workman shall be entitled to recover compensation under this Act or under the law of such other State; (c) the conferring on the Court powers for the admission of evidence taken outside Saorstát Eireann and the procuring and taking of evidence for use outside Saorstát Eireann, or otherwise for the purpose of facilitating proceedings for the recovering of compensation under the respective laws in Saorstát Eireann and such other State.

PART IX.

Administrative Provisions.

Transfer of compensation for administration in another State.

71.—(1) Where under any law from time to time in force in any other State compensation is payable in respect of injuries to workmen, it shall be lawful for the Executive Council to enter into a provisional arrangement with the Government of such other State whereby sums awarded in such other State under such law to persons resident or becoming resident in Saorstát Eireann may be transferred to and administered by the Judge of the Circuit Court appointed by Rules of Court and sums awarded in Saorstát Eireann as compensation under this Act to persons resident or becoming resident in such other State may be transferred to and administered by a competent authority in such other State.

Prohibition against charging or assigning weekly payments.

72.—A weekly payment payable under this Act or any scheme certified under this Act or any sum payable under an order of the Court redeeming a weekly payment or under a redemption agreement, a commutation agreement or an agreement by way of compromise shall not be capable of being assigned, charged or attached, and shall not pass to any other person by operation of law, nor shall any claim be set off against the same.

Payment for medical or surgical treatment.

73.—Where— (a) compensation is payable under this Act in respect of an injury to a workman, and (b) such workman has received, whether in hospital or elsewhere, medical or surgical treatment in respect of such injury, and (c) any fees are due by such workman to a medical practitioner in respect of such treatment, and (d) such compensation is fixed by an order of the Court or under a weekly payment agreement, commutation agreement or an agreement by way of compromise registered by order of the Court under

Part VI

of this Act, the Court may, if it so thinks fit, upon the application of such medical practitioner made immediately upon the making of such order, direct the employer to pay, in addition to the compensation, to such medical practitioner in respect of such fees such sum, not exceeding five pounds, as the Court may fix, and if such direction is given the payment by the employer to such medical practitioner of the sum so fixed shall be deemed to be a payment by such workman to such medical practitioner in respect of such fees.

Returns by employers.

74.—(1) Every employer in any prescribed industry shall on or before the prescribed day in every prescribed year send to the Minister a correct return specifying the number of injuries in respect of which compensation has been paid by him under this Act during the previous year the amount of such compensation and such other particulars as may be prescribed.

Amendment of section 18 of the Coal Mines Act, 1911.

75.—Paragraph (b) of sub-section (1) of section 18 of the Coal Mines Act, 1911 is hereby amended by the substitution of the words ‘and disabled, for more than three days, any person employed in or about the mine from earning full wages at the work at which he was employed’ for the words ‘and disabled, for more than seven days, any person employed in or about the mine from working at his ordinary work’ now contained therein, and the said section shall be construed and have effect accordingly.

PART X.

Application of Act to Certain Industrial Diseases.

Application of Act to industrial diseases.

76.—(1) Where— (a) the certifying surgeon appointed under the Factory and Workshop Act, 1901, for the district in which a workman is employed certifies that such workman is suffering from a disease (in this Act referred to as a scheduled disease) mentioned in the first column of the Sixth Schedule to this Act and is thereby disabled from earning full wages at the work at which he was employed; or (b) a workman is, in pursuance of any special rules or regulations made under the Factory and Workshop Act, 1901, suspended from his usual employment on account of having contracted any scheduled disease; or (c) the death of a workman is caused by any scheduled disease; and such disease is due to the nature of any employment in which such workman was employed at any time within the twelve months previous to the date of such disablement or suspension, whether under one or more employers, such workman or, in case of his death, his dependants shall be entitled to compensation under this Act as if such disease or such suspension as aforesaid were a personal injury by accident arising out of and in the course of such employment, subject, however, to the following modifications, that is to say:— (i) such disablement or suspension shall be treated as the happening of the accident; (ii) if it is proved that such workman has at the time of entering such employment wilfully and falsely represented himself in writing as not having previously suffered from such disease, compensation shall not be payable; (iii) the compensation shall be recoverable from the employer who last employed such workman during the said twelve months in the employment to the nature of which the disease was due, subject, however, as follows:— I. Such workman or his dependants, if so required, shall furnish that employer with such information as to the names and addresses of all the other employers who employed him during the said twelve months as he or they may possess, and if such information is not furnished, or is not sufficient to enable that employer to take proceedings under the next following sub-paragraph, that employer upon proving that such disease was not contracted whilst such workman was in his employment shall not be liable to pay compensation;

II. if that employer alleges that such disease was in fact contracted whilst such workman was in the employment of some other employer and not whilst in his employment, he may join such other employer as a party to the proceedings, and if such allegation is proved that other employer shall be the employer from whom the compensation is to be recoverable; and III. if such disease is of such a nature as to be contracted by a gradual process, any other employers who during the said 12 months employed such workman in the employment to the nature of which such disease was due shall be liable to make to the employer from whom compensation is recoverable, such contributions, as in default of agreement, may be determined by the Court in the proceedings before the Court for settling the amount of the compensation, or if the amount of such compensation is determined by agreement, as may be determined by the Court; (iv) the amount of such compensation shall be calculated with reference to the earnings of such workman under the employer from whom the compensation is recoverable; (v) the employer to whom notice of the death, disablement or suspension of such workman is to be given shall be the employer who last employed such workman during the said 12 months in the employment to the nature of which such disease was due, and such notice may be given notwithstanding that such workman has voluntarily left his employment; (vi) if an employer or workman is aggrieved by the action of a certifying or other surgeon in giving or refusing to give a certificate of disablement or in suspending or refusing to suspend a workman for the purpose of this section, the matter shall in accordance with regulations made by the Minister be referred to a medical referee whose decision shall be final and the medical referee when deciding the matter shall certify as to the condition of the workman at the time when he is examined by him, and such certificate of such medical referee shall be final and conclusive.

Supplemental provisions as to industrial diseases.

77.—(1) If the workman at or immediately before the date of such disablement or suspension as is mentioned in the foregoing section was employed in any process mentioned in the second column of the Sixth Schedule to this Act, and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease, except where the certifying surgeon certifies that in his opinion the disease was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment unless the employer proves the contrary.

Mutual insurance of employers engaged in industries.

78.—(1) Where, after inquiry held on the application of any employers or workmen engaged in any industry to which the foregoing provisions of this Part of this Act apply it appears that a mutual trade insurance company or society for insuring against the risks under those provisions has been established for the industry, and that a majority of the employers engaged in that industry are insured against such risks in the company or society and that the company or society consents, the Minister may, by Provisional Order, require all employers in that industry to insure in the company or society upon such terms and under such conditions and subject to such exceptions as may be set forth in the Order.

Power by scheme to apply Act to workmen suffering from silicosis.

79.—(1) The Minister may by scheme provide for the payment of compensation by the employers of workmen in any specified industry or process or group of industries or processes involving exposure to silica dust— (a) who are certified in such manner as may be appointed by the scheme to have suffered death or total disablement from the disease known as fibroid phthisis or silicosis of the lungs (in this section referred to as silicosis) or from that disease accompanied by tuberculosis; or (b) who, though not totally disabled, are found on medical examination to be suffering from silicosis, or from silicosis accompanied by tuberculosis, to such a degree as to make it dangerous to continue work in the industry or process, and are for that reason suspended from employment.

FIRST SCHEDULE.

Enactments Repealed.

Part I.

Session and Chapter or Number and Year Short Title Extent of Repeal 6 Edw. VII., c. 58.

The Workmen's Compensation Act, 1906.

The whole Act so far as unrepealed.

9 Edw. VII., c. 16.

The Workmen's Compensation (Anglo-French Convention) Act, 1909.

The whole Act.

1 & 2 Geo. V., c. 50.

The Coal Mines Act, 1911.

Section 110.

8 & 9 Geo. V., c. 8.

The Workmen's Compensation (Illegal Employment) Act, 1918.

The whole Act.

8 & 9 Geo. V., c. 14.

The Workmen's Compensation (Silicosis) Act, 1918.

The whole Act.

Part II.

Session and Chapter Short Title Extent of Repeal 7 & 8 Geo. V., c. 42.

The Workmen's Compensation (War Addition) Act, 1917.

The whole Act.

9 & 10 Geo. V., c. 83.

The Workmen's Compensation (War Addition) Amendment Act, 1919.

The whole Act.

SECOND SCHEDULE.

Rules for Computation of Compensation in Fatal Cases.

(iii) in case there are four juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:— I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of such juvenile dependants will attain the age of fifteen years, and II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of such juvenile dependants will attain the age of fifteen years and the date on which the second of such juvenile dependants will attain that age, and III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of such juvenile dependants will attain the age of fifteen years and the date on which the third of such juvenile dependants will attain that age, and IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age; (iv) in case there are five or more juvenile dependants, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:— I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years, and II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the second of the four youngest of such juvenile dependants will attain that age, and III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the third of the four youngest of such juvenile dependants will attain that age, and IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

(d) where the compensation consists of the children's lump sum only, and there is one juvenile dependant only, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:— (i) the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which such juvenile dependant will attain the age of fifteen years, or (ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum; (e) where the compensation consists of the children's lump sum only, and there are two or more juvenile dependants, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:— (i) the amount of the children's lump sum calculated under sub-paragraph (b) of this paragraph, if the compensation had consisted of the adults' lump sum and the children's lump sum, or (ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum.