WORKMEN'S COMPENSATION (and see article in Vol. V) where any question arises as to the liability to pay compensation or as to whether the injured perion was a workman, to whom the Workmen's Compensation Act applies, these questions, if not -settled by agreement, must be settled by Arbitration. The Rules as to Arbitration are set out in the original article. If during the time allowed for Arbitration proceedings to be brought, an action is brought for damages and it is decided that the injury is not one which makes the employer liable in such action but that he would be liable under this Act, then the action will be dismissed, but the Court, if the Plaintiff chooses, will assess the damages under the Act, deducting the costs caused by the abortive proceedings. The Court gives a certificate of the amount of such compensation and deducted costs, which certificate is equal to an award under the Act.
Definitions of term "workman" has already been defined. It remains now to define, in accordance with the statute, the terms "dependants," 'member of a family," " outworker," " employer," " ship," and "manager." First as to "dependants." This term means such of the members of the workman's family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent. Where the workman being the parent or the grandparent of an illegitimate child leaves such a child so dependent upon his earnings, or, behig an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, the term shall include such an illegitimate child, and parent or grandparent respectively. The term "member of a family " means the wife, husband, father, mother, grandfather, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, step daughter, brother, sister, half-brother or half-sister. The term " outworker " means a person to whom articles or materials are given out to be made up, cleaned, washed, ornamented, finished, 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. The term "employer " includes any body of persons, corporate or unincorporate, and the legal personal repre sentative of a deceased employer, and where the services of a workman are temporarily lent or let on hire to another person, by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall be deemed to continue to be the employer of the workman whilst he is working for that other person. The term " " has the same meaning as in the Merchant Shipping Act, 1894, namely, " every description of vessel used in navig.ation not propelled by oars." The term " manuger " in relation to a ship means a ship's husband or other pe”son to whom the management of the ship is entrusted by or on behalf of the owner. A French subject may be entitled to the benefits of the Act under the Workmen's Com pensation (Anglo-French Convention) Act, 1908.
Notice qf the accident must be given as soon as practicable and before the workman has voluntarily left the employment in which he was injured.
The claim must be made within six months, or, in case of death, within six months from the thne of death. But the want of, or any defect, or inaccuracy in such notice will not bar the proceedings, if it is found in the proceedings that the employer is not or would not be prejudiced in his defence, or that the defect was owing to a mistake, absence from the United Kingdom, or other reasonable cause. A notice or amended notice may then be given and the hearing postponed. The failure to make a claim within the time will not be a bar if it is found that such failure was occasioned by mistake, absence from the Unitod Kingdom, or other reasonable cause. The notice must contain the name and addrt„-: of the person injured, the cause of the injury, the date of the accident, and is ret.,uired to be served on the employer or employers by delivery or by registered letter to the residence or place of business of the employer. If the employer is a body corporate or unincorporate, then by delivery or by registered letter to the employer at any one of the offices of such body. Contracting out.— The Registrar of Friendly Societies has power, after inquiry as to the views of the employer and workmen, to certify any scheme of compensation, benefit, or insurance for the workmen, whether or not other employers and workmen are included in such scheme ; that the scales of compensation are not less favour able than under the Act ; that where contributions by the workmen are pro vided for, the benefits are at least equivalent to those contributions, in addition to equivalent compensation as under the Act ; that a majority (by ballot) of the workmen concerned are in favour of the scheme. In the case of such certification the employer may, while the certificate is in force, contract with any of his workmen to go under the scheme and not under the Act An ,greement or scheme entered into otherwise does not exclude the operation of the Act. , The Registrar may give a certificate for a limited period of not less than five years ; he may renew such a certificate from time to time'with or without modifications. No scheme will be certified which contains an obligation upon the workmen to join such scheme as a condition of the hiring, or which has no provision enabling the workmen to withdraw from it. If complaint is made by or on behalf of the workmen that the benefits no longer conform to above conditions, the provisions are being violated, the scheme is not being fairly administered, or satisfactory reasons for revocation are given, then the Registrar will inquire, and on finding there is good cause for the complaint, unless such cause of complaint is removed, revoke the certificate. On revocation the moneys still in hand, after paying liabilities, are divided between the employers and workmen as agreed or as fixed by the Registrar if no agreement can be come to. The employer must answer questions and furnish accounts required by the Registrar as to the scheme. The Registrar will include details of these schemes in his annual report and may make regulations.