Workmen's Compensation Act , 1934

PART I. Preliminary and General.

1 Short title.

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

2 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.

3 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.

4 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.

5 “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.

6 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.

7 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.

8 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.

9 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.

10 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.

11 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.

12 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.

13 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.

14 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.

15 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.

16 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.

17 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.

18 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.

19 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.

20 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