Workmen's Compensation Act, 1934

Workmen's Compensation Act, 1934 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1934 Workmen's Compensation Act, 1934 Workmen's Compensation Act, 1934 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 9 of 1934. WORKMEN'S COMPENSATION ACT, 1934. ARRANGEMENT OF SECTIONS PART I. PRELIMINARY AND GENERAL. Section 1. Short title. 2. Commencement of Act. 3. Application of Act. 4. Definitions. 5. “Workman”. 6. Meaning of “member of a family”. 7. Meaning of “dependants”. 8. Meaning of “employer”. 9. Local and public authorities. 10. Medical referees. 11. Regulations. 12. Expenses. 13. Repeals. 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. 15. Liability of employers to workmen for injuries. 16. Non-liability of employer in certain cases. 17. Prohibition of contracting out. 18. Persons entitled to compensation. 19. Sub-contracting. 20. Bankruptcy of employer. PART III. AMOUNT OF COMPENSATION AND REVIEW AND REDEMPTION OF WEEKLY PAYMENTS. 21. “Earnings” and “Average weekly earnings”. 22. Compensation in fatal cases. 23. Amount of compensation in non-fatal cases. 24. Treatment of partial incapacity as total incapacity. 25. Reviews of weekly payments. 26. Restriction on ending or diminishing weekly payments by employer. 27. Redemption of weekly payments. PART IV. CONDITIONS OF COMPENSATION. 28. Notice of accident generally. 29. Notices of accidents in mines and factories. 30. Accident book at mines, etc. 31. Time limit for commencing proceedings. 32. Condition as to residence. 33. Medical examination of workman by employer's medical practitioner. 34. Examination of workman by medical referee. 35. Suspension of right to compensation. PART V. JURISDICTION OF THE CIRCUIT COURT. 36. Jurisdiction of the Circuit Court. 37. Rules of Court. 38. Exercise of jurisdiction by the Circuit Court and county registrars. 39. Attendance of medical assessor. 40. Variation of former order by the Court. 41. Disposal of compensation. 42. Court fees. 43. Payment of compensation and costs. PART VI. AGREEMENTS IN RELATION TO COMPENSATION. 44. Matters required to be determined by the Court. 45. Registers of Agreements under the Workmen's Compensation Act, 1934. 46. Agreements to be in writing. 47. Weekly payment agreement. 48. Variation agreements. 49. Redemption of weekly payment by agreement. 50. Commutation agreements. 51. Agreement by way of compromise of disputed claim. 52. Lump sum agreements. 53. Applications for registration of agreements. 54. Objections to registration. 55. Reference of application for registration to the Court. 56. Procedure where no objection to registration. 57. Procedure where objection to registration. 58. Matters arising on determination by court of application for registration. 59. Rectification of the register of agreements. PART VII. ALTERNATIVE REMEDIES BY WORKMEN. 60. Independent remedies against employer. 61. Remedies both against employer and stranger. 62. Substitution of liability under scheme for liability under Act. 63. Saving as respects fines under Mines and Factories Acts. PART VIII. APPLICATION OF THIS ACT TO SPECIAL CLASSES OF PERSONS. 64. Application to workmen in the employment of the State. 65. Application to men being trained or engaged in rescue work in mines. 66. Application of Act to crews of certain ships. 67. Application of Act to persons (other than seamen) employed on certain ships. 68. Extension of Act to certain share-fishermen. 69. Detention of ships. 70. Conventions with other States. PART IX. ADMINISTRATIVE PROVISIONS. 71. Transfer of compensation for administration in another State. 72. Prohibition against charging or assigning weekly payments. 73. Payment for medical or surgical treatment. 74. Returns by employers. 75. Amendment of section 18 of the Coal Mines Act, 1911. PART X. APPLICATION OF ACT TO CERTAIN INDUSTRIAL DISEASES. 76. Application of Act to industrial diseases. 77. Supplemental provisions as to industrial diseases. 78. Mutual insurance of employers engaged in industries. 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. (2) Each of the following persons shall be an excepted person for the purposes of this section, that is to say:— (a) a person employed otherwise than by way of manual labour whose remuneration exceeds three hundred and fifty pounds a year; (b) a person whose employment is of a casual nature unless such person is either:— (i) employed for the purposes of his employer's trade or business, or (ii) employed for the purposes of any game or recreation and engaged or paid through a club, or (iii) employed for the purposes of any work in or about the residence of his employer; (c) a member of the Gárda Síochána; (d) a member of the Defence Forces of Saorstát Eireann, including a member of the Reserve established under 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. (3) If in the course of any proceedings for the recovery of compensation under this Act it appears to the Court that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time of such accident been a person working under a valid contract of service or apprenticeship. (4) References in this Act to a workman who has been injured shall, where the workman is dead, be construed as including references to his legal personal representative, or to his dependants, or other person to whom or for whose benefit compensation is payable. 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. (2) In this Act the expression “adult dependant” when used in relation to a deceased workman means a dependant of such workman who is not under the age of fifteen at the date of the death of such workman and includes a person, other than a dependant of such workman within the meaning of sub-section (1) of this section, who is not under the age of fifteen at the date of the death of such workman and who was resident with such workman and wholly dependent on his earnings at the said date. (3) In this Act the expression “juvenile dependant” when used in relation to a deceased workman means a dependant of such workman who is under the age of fifteen at the date of the death of such workman and includes a person, other than a dependant of such workman within the meaning of sub-section (1) of this section, who is under the age of fifteen at the date of the death of such workman and who was resident with such workman and wholly dependent on his earnings at the said date. (4) A person shall not for the purposes of this Act be deemed to be a partial dependant of another person unless he was dependant partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position. (5) For the purposes of the immediately preceding sub-section insurance shall be deemed to be one of the ordinary necessaries of life. Meaning of “employer”. 8.—(1) In this Act the word “employer” includes any person and the legal personal representative of a deceased employer. (2) Where the services of a workman are temporarily lent or let on hire to another person by the person with whom such workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person. (3) Where a person is engaged in plying for hire with any vehicle or vessel, the use of which is obtained from the owner thereof under a contract of bailment, such owner shall for the purposes of this Act be deemed to be the employer of such person. (4) Where a person is employed for the purposes of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club shall, for the purposes of this Act, be deemed to be the employer of such person. (5) Where a person is employed by the owners of a ship which is not registered in Saorstát Eireann under the Merchant Shipping Acts, the agent of such owners shall for the purposes of this Act be deemed to be the employer of such workman unless such owners reside or have a place of business in Saorstát Eireann. (6) Where a person is employed under a local or other public authority, such authority shall, notwithstanding that the appointment of such person by such authority was or the dismissal of such person by such authority is subject to the approval of a Minister of State, be deemed for the purposes of this Act to be the employer of such person. 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. (2) Every medical referee shall be a duly qualified medical practitioner. (3) Every medical referee shall hold office on such terms and on such conditions and shall receive such remuneration and allowances as the Minister, with the sanction of the Minister for Finance, shall appoint. (4) Where a medical referee has been employed as a medical practitioner in connection with any case under this Act by or on behalf of an employer or workman or by any insurers interested, he shall not act as medical referee in that case. 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. (2) The enactments mentioned in the Second Part of the First Schedule to this Act are hereby repealed. 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. (2) Where an accident results in the death or serious and permanent disablement of a workman, such accident shall for the purpose of this Act be deemed to arise out of and in the course of his employment notwithstanding the fact that such workman was at the time when such accident happened acting in contravention of any statutory or other regulation applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by such workman for the purpose of and in connection with his employer's trade or business. 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. (2) An employer shall not be liable under this Act in respect of any injury to any workman which is proved to be attributable to the serious and wilful misconduct of such workman, unless such injury results in the death or the serious and permanent disablement of such workman. 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. (2) This section shall not apply to any contract authorised to be made under the provisions of this Act relating to substitution of liability under a scheme for liability under this Act. 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. (2) Where compensation is payable under this Act in respect of an injury to a workman which results in his death— (a) so much (if any) of such compensation as consists of the adults' lump sum shall— (i) in case he leaves one adult dependant only, be paid to or applied in the manner provided by this Act for the benefit of such dependant; (ii) in case he leaves two or more adult dependants, be allotted amongst such dependants in such proportions as the Court shall order, and the amount so allotted to any dependant shall be paid to or applied in the manner provided by this Act for the benefit of such dependant; (b) so much (if any) of such compensation as consists of the children's lump sum shall— (i) in case he leaves only one juvenile dependant, be applied in the manner provided by this Act for the benefit of such dependant; (ii) in case he leaves two or more juvenile dependants, be applied in the manner provided by this Act for the benefit of such dependants; (c) such compensation shall, if he leaves neither an adult dependant nor a juvenile dependant be paid to his personal representative or, if he has no such representative, to the persons to whom the expenses of medical attendance and burial are due, in such shares as may, in default of agreement between those persons, be ordered by the Court. (3) Where compensation consisting wholly or partly of the adults' lump sum is payable under this Act in respect of an injury to a workman which results in his death and such workman leaves both total and partial adult dependants, nothing in this Act shall be construed as preventing the adults' lump sum being allotted partly to such total dependants and partly to such partial dependants. (4) Where an adult dependant or a juvenile dependant dies before a claim under this Act is made or, if a claim has been made, before an award has been made, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if the dependant had died before the 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. (2) Where, by virtue of the foregoing sub-section, compensation is claimed from or proceedings are taken by a workman against the principal, references in this Act to the employer of such workman shall be construed as references to the principal, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the contractor. (3) Where the contract between the principal and the contractor relates to threshing, ploughing or other agricultural work, and the contractor provides and uses machinery driven by mechanical power for the purpose of such work, the contractor alone shall be liable under this Act to pay compensation to any workman employed by him on such work. (4) Where the principal is, by virtue of this section, liable to pay compensation to a workman he shall be entitled to be indemnified in respect of such liability by any person who would have been liable to pay such compensation independently of this section and all questions as to the right to and the amount of any such indemnity shall, in default of agreement, be determined by the Court. (5) This section shall not operate to prevent a workman recovering compensation under this Act from the contractor instead of the principal (6) This section shall not apply in any case where the accident which gave rise to the claim for compensation occurred elsewhere than on, or in, or about premises on which the principal has undertaken to execute the work or which are otherwise under his control or management. 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. (2) Where an employer (being an individual) has not entered into a contract of insurance, then in the event of such employer becoming bankrupt or making a composition or arrangement with his creditors, there shall be included amongst the debts which, under section 4 of the Preferential Payments in Bankruptcy (Ireland) Act, 1889, are in the distribution of the property or assets of a bankrupt or arranging debtor to be paid in priority to all other debts the amount due in respect of any compensation or liability for compensation under this Act by such employer accrued before in the case such employer has become a bankrupt the date of the order for adjudication, or in case such employer has become an arranging debtor, the date of the filing of the petition for arrangement. (3) Where an employer (being a company) has not entered into a contract of insurance, then in the event of the company having commenced to be wound up, there shall be included amongst the debts which under section 209 of the Companies (Consolidation) Act, 1908 , are in the winding up of a company in priority to all other debts, the amount due in respect of any compensation or liability for compensation under this Act by such company accrued before the date mentioned in sub-section (5) of the said section 209. (4) When an employer (being a company) has not entered into a contract of insurance, then in the event of a receiver or manager of the 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 the charge, there shall be included amongst the debts which under section 107 of the Companies (Consolidation) Act, 1908 , are to be paid in priority to any claim for principal or interest in respect of debentures, the amount due in respect of any compensation or liability for compensation under this Act by the company accrued before the date of the appointment of the receiver or manager or of possession being taken mentioned in the said section 107. (5) When the compensation is a weekly payment, the amount due in respect thereof shall, for the purposes of sub-sections (2) (3) and (4) of this section, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an application for that purpose under this Act. (6) This section shall not apply where a company is wound up voluntarily merely for the purpose of reconstruction or of amalgamation with another company. 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. (2) If any weekly payments payable to a workman have been redeemed either by order of the Court or by agreement made under this Act, or if the liability to make weekly payments has been redeemed by an agreement made under this Act, or if where an employer disputed his liability to make a weekly payment under this Act to a workman, such employer and workman entered into an agreement under this Act whereby in consideration of the payment by such employer to such workman of a lump sum, such workman released such employer from his liability (if any) to make such weekly payments and the amount paid in respect of such redemption or release (as the case may be) equals or exceeds six hundred pounds, no compensation shall be awardable under this Act in respect of the death of such workman. 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. (2) No order shall be made under this section if it appears to the Court that the workman has not taken all reasonable steps to obtain employment. (3) Every order under this section shall be made subject to the condition that it shall cease to be in force if the workman receives unemployment benefit. (4) An order under this section may be made notwithstanding that any order or orders under this section has or have been previously made in relation to the same workman in respect of the same injury. 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. (2) Where the workman was at the date of the accident under twenty-one years of age and the review takes place more than six months after the accident and the application for the review is made before, or within six months after, the workman attains the age of twenty-one years, the amount of the weekly payment may be increased to such amount as would have been awarded if the workman had at the time of the accident been earning the weekly sum which he would probably have been earning at the date of the review if he had remained uninjured. (3) Where the review takes place more than six months after the accident and it is claimed and proved that, had the workman remained uninjured and continued in the same class of employment as that in which he was employed at the date of the accident, his average weekly earnings during the twelve months immediately preceding the review would, as the result of fluctuations in rates of remuneration, have been greater or less by more than twenty per cent. than his average weekly earnings during the twelve months previous to the accident or, if the weekly payment has been previously varied on a review, during the twelve months previous to that review or the last of such reviews, the weekly payment shall be varied so as to make it such as it would have been if the rates of remuneration obtaining during the twelve months previous to the review had obtained during the twelve months previous to the accident. 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. (2) An employer shall be entitled to end or diminish a weekly payment in the following cases— (a) where a workman in receipt of a weekly payment in respect of total incapacity has actually returned to work; (b) where the weekly earnings of a workman in receipt of a weekly payment in respect of partial incapacity have actually been increased. (3) Where the medical practitioner who has under the provisions of this Act relating to medical examination of workman by employer's medical practitioner examined a workman in receipt of a weekly payment has certified that the workman has wholly or partially recovered or that the incapacity is no longer due in whole or in part to the accident, and a copy of the certificate (which shall set out the grounds of the opinion of the medical practitioner) together with notice of the intention of the employer at the expiration of twenty-one clear days from the date of the service of the notice to end the weekly payment or to diminish it by such amount as is stated in the notice has been served by the employer upon the workman, the following provisions shall have effect, that is to say:— (a) if before the expiration of the said twenty-one clear days the workman sends to the employer the report of a duly qualified medical practitioner (which report shall set out the grounds of his opinion) disagreeing with the certificate so served by the employer, the weekly payment shall not be ended or diminished except in accordance with such report, or if and so far as the employer disputes such report, except in accordance with a certificate given by the medical referee in pursuance of the provisions of this Act relating to examination of workman by medical referee; (b) if no such report is sent to the employer within the said time, the employer may end or diminish the weekly payment in accordance with the terms of the said notice. (4) Where an application has been made in pursuance of the provisions of this Act relating to examination of workman by medical referee to refer the dispute to a medical referee it shall be lawful for the employer, pending the settlement of the dispute, to pay into Court— (a) where the employer's notice was a notice to end the weekly payment, the whole of each weekly payment becoming payable in the meantime; (b) where the employer's notice was a notice to diminish the weekly payment, so much of each weekly payment so payable as is in dispute; and the sums so paid into Court shall, on the settlement of the dispute, be paid to the employer or the workman according to the effect of the certificate of the medical referee, or if the effect of that certificate is disputed, as in default of agreement may be determined by the Court. (5) This section shall apply to weekly payments under the Workmen's Compensation Act, 1906, as well as weekly payments under this Act, and for the purpose of such application to weekly payments under the said Workmens Compensation Act, 1906, the following provisions shall have effect— (a) the reference in sub-section (3) of this section to the provisions of this Act relating to medical examination of workman by employer's medical practitioner shall be construed as a reference to paragraph (14) of the First Schedule to the said Workman's Compensation Act, 1906; and (b) the references in sub-sections (3) and (4) of this section to the provisions of this Act relating to examination of workman by medical referee shall be construed as references to paragraph (15) of the First Schedule to the Workman's Compensation Act, 1906. 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. (2) For the purposes of the immediately preceding sub-section a life annuity shall be deemed to be puchasable at a price calculated in accordance with the Table set out in the Fourth Schedule to this Act and not otherwise. (3) Where any weekly payment to a workman, whose incapacity is not permanent, has been continued for not less than six months, the liability of the employer of such workman for such weekly payment may, on application to the Court by or on behalf of such employer, be redeemed by the payment of a lump sum of such amount as may be determined by the Court. (4) Any such lump sum as is mentioned in sub-sections (1) or (3) of this section may be ordered by the Court to be invested or otherwise applied for the benefit of the person entitled thereto. (5) Where an application is made under sub-section (3) of this section for the redemption of the weekly payment to a workman under the age of twenty-one years at the date of such application, the right which such workman, if the redemption did not take place, would have to have such weekly payment increased on a review under sub-section (2) of section 25 (which relates to reviews of weekly payments) of this Act shall be taken into account. 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. (2) The want of or any defect or inaccuracy in a notice of accident shall not be a bar to the maintenance of proceedings for the recovery of compensation for any injury if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if the Court is satisfied on the hearing of such proceedings that the employer is not, or would not, if a notice or amended notice were then given and the hearing postponed, be prejudiced in his defence by such want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Saorstát Eireann or other reasonable cause. (3) A notice of accident shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which the accident happened. (4) A notice of accident may be given to the employer or, if there is more than one employer, to one of such employers or, to any foreman or other official under whose supervision the workman is employed or to any person designated for the purpose by the employer. (5) A notice of accident may be given by delivering the same at, or sending it by post in a registered letter addressed to the residence or place of business of the person to whom it is to be given. (6) Where the employer is a body of persons corporate or incorporate, a notice of accident may also be given by delivering it or sending it by post in a registered letter addressed to the employer, at the office, or, if there be more than one office, any one of the offices of such body. 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. (2) If in any mine, quarry, factory or workshop the provisions of the foregoing sub-section are not complied with, the owner, agent or manager of such mine or quarry or the occupier of such factory or workshop shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (3) Any proceedings under the foregoing sub-section may be instituted by an inspector of mines or factories. (4) The want of, or any defect or inaccuracy in a notice of accident shall not be a bar to the maintenance of proceedings for the recovery of compensation under this Act where the employer is the owner of a mine or quarry or the occupier of a factory or workshop— (a) if the summary mentioned in sub-section (1) of this section has not been posted up or, in the event of its becoming effaced, obliterated or destroyed, has not been renewed in accordance with the said sub-section; or (b) if the accident has been reported by or on behalf of the employer to an inspector of mines or factories; or (c) if the accident has been entered in any register of accidents kept by or on behalf of the employer at the mine, quarry, factory or workshop; or (d) if the injury has been treated in an ambulance room at the mine, quarry, factory or workshop. (5) In this and the next following section the expression “factory or workshop” includes any works or premises to which any of the provisions of the Factory and Workshops Acts, 1901 to 1920, apply. 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. (2) The accident book shall be kept at such place as to be readily accessible at all reasonable times to any injured workman who was employed at the mine, quarry, factory or workshop and any person bona fide acting on his behalf. (3) An entry of an accident in the accident book, if made as soon as practicable after the happening of the accident, shall be deemed for the purposes of this Act to be a valid notice of accident. (4) If in any mine, quarry, factory or workshop the provisions of sub-sections (1) and (2) of this section are not complied with, such mine, quarry, factory or workshop shall be deemed not to be managed or kept in accordance with the enactments relating thereto. 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. (2) Failure to commence proceedings within the period mentioned in the foregoing sub-section shall not be a bar to maintenance of such proceedings if it is found that the failure was occasioned by mistake, absence from Saorstát Eireann or other reasonable cause. 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. (2) If the medical practitioner of the employer or a medical referee so certifies the workman shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as may be appointed by rules of court, his identity and the continuance of the incapacity in respect of which the weekly payment is payable. 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. (2) Where any workman is receiving weekly payments under this Act, he shall, if so required by his employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and if he refuses to submit himself to such examination or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place. (3) A workman shall not be required to submit himself for examination by a medical practitioner under either of the foregoing sub-sections of this section otherwise than in accordance with regulations made by the Minister under this section or at more frequent intervals than may be prescribed by those regulations. 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. (2) Where the county registrar refuses to make a reference order or on the application of one of the parties only for a reference order, makes a reference order, an appeal shall lie against such refusal or such reference order (as the case may be) to the Court and the decision of the Court on such appeal shall be final. (3) Whenever an application for a reference order is granted there shall be paid to the county registrar, before the issue of the order, by the applicant or applicants such fee not exceeding one pound as may be fixed by regulations made by the Minister for Justice with the sanction of the Minister for Finance. (4) Every fee paid to the county registrar under the preceding sub-section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (5) Whenever a reference order is made, the medical referee named in such order shall forthwith examine the workman to whom such order relates, and shall in accordance with regulations made by the Minister give a certificate as to the condition of such workman and his fitness for employment, specifying where necessary the kind of employment for which he is fit. (6) Every certificate of a medical referee under the immediately preceding sub-section shall be conclusive evidence as to the matters certified therein in accordance with the said sub-section. (7) Where no agreement can be come to between an employer and a workman as to whether and to what extent the incapacity of such workman is due to the accident, the foregoing provisions of this section shall, subject to any regulations made by the Minister, apply as if the question were a question as to the condition of such workman and his fitness for employment. (8) If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been referred by a reference order, 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 or in the case of a workman in receipt of a weekly payment, his right to that weekly payment, shall be suspended until such examination has taken place. (9) Rules of court may be made providing for the manner in which documents are to be furnished or served and applications made under this section and the forms to be used for those purposes. 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. (2) An appeal shall lie on a question of law from any decision of the Circuit Court under this Act direct to the Supreme Court, but save as aforesaid such decision shall be final and conclusive. 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. (2) Where any matter or thing under this Act is to be done by, or to the county registrar, then the same shall be done by or to the county registrar appointed in that behalf by Rules of Court. Attendance of medical assessor. 39.—(1) The Court may, in any case, summon a medical referee to sit as assessor to the Court. (2) Any party to any proceedings under this Act may apply to the Court to have a medical referee summoned to sit as assessor to the Court on the hearing of such proceedings and the Court on such application being made and on payment to the county registrar by such party of such fee as may be fixed by regulations made by the Minister for Justice with the sanction of the Minister for Finance, shall summon a medical referee accordingly. (3) Every fee received by the county registrar under this section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct. (4) The Court may, subject to regulations made by the Minister for Justice with the concurrence of the Minister for Finance, submit to a medical referee for report any matter which seems material to any question arising in proceedings under this Act before 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. (2) Where any compensation payable under this Act in respect of the death of a workman is or consists of the children's lump sum, the children's lump sum shall be paid into Court. (3) Where a weekly payment is payable under this Act to a person under any legal disability, the Court may, on application being made in accordance with Rules of Court, order that the weekly payment be paid during such disability into Court. (4) The provisions of the Fifth Schedule to this Act shall have effect with respect to money paid into Court under this section and the application and investment thereof. (5) The receipt of the county registrar shall be a sufficient discharge for any money paid into Court under this section. 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. (2) This section shall not apply in respect of any fees payable under the provisions of this Act relating to examination of workmen by medical referee or attendance of medical assessor. 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 agreemen …