Workmen's Compensation Act , 1934

(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.

(2) For the purposes of this section the date of the disablement shall be such date as the certifying surgeon certifies as the date on which such disablement commenced or, if he is unable to certify such date, the date on which the certificate is given, subject however as follows:—

(a) where the medical referee allows an appeal against a refusal by a certifying surgeon to give a certificate of disablement, the date of disablement shall be such date as the medical referee may determine;

(b) where a workman dies without having obtained a certificate of disablement, or is at the time of his death not in receipt of a weekly payment on account of disablement, the date of disablement shall be the date of the death of such workman.

(3) The Minister may from time to time by order under this section extend the provisions of this section to other diseases and other processes and to injuries due to the nature of any employment specified in such order not being injuries by accident, either without modifications or subject to such modifications as he may think fit.

(4) Nothing in this section shall be construed to affect the rights of a workman to recover compensation in respect of a disease to which this section does not for the time being apply, if such disease is a personal injury by accident within the meaning of this Act.

77 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.

(2) Where a workman claims to be suffering from and disabled by a disease to which the foregoing provisions of this Part of this Act apply, the employer may agree with the workman that he is liable to pay compensation without requiring the workman to obtain the certificate of the certifying surgeon mentioned in those provisions, and thereupon the workman shall be entitled to compensation as for injury by accident from the date of the agreement or from such other date as may be agreed.

(3) In such cases, and subject to such conditions as the Minister may direct, a medical practitioner appointed by the Minister for the purpose shall have the powers and duties of a certifying surgeon under the foregoing provisions of this Part of this Act, and those provisions shallbe construed accordingly.

(4) The Minister may with the consent of the Minister for Finance make rules regulating the duties and fees of certifying and other surgeons (including, dentists) under the foregoing provisions of this Part of this Act.

78 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.

(2) Where such company or society has been established but is confined to employers in any particular locality or of any particular class, the Minister may for the purposes of this section treat the industry, as carried on by employers in that locality or of that class, as a separate industry.

(3) A Provisional Order made under this section shall be of no force whatever unless and until it is confirmed by Act of the Oireachtas and if, while the Bill confirming any such Order is pending in either House of the Oireachtas, a petition is presented against the Order, the Bill may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of Private Bills, and any Act confirming any Provisional Order under this section may be repealed, altered, or amended by a Provisional Order made and confirmed in like manner.

79 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.

(2) The scale of compensation fixed by the scheme in the case of death or total disablement due to silicosis or silicosis accompanied by tuberculosis shall be that fixed by this Act and in any other case shall be such as may be fixed by the scheme.

(3) Provision may be made by the scheme—

(a) for the establishment of a general compensation fund, to be administered either through a mutual trade insurance company or society of employers, or in such other manner as may be provided by the scheme;

(b) for requiring employers to subscribe to the fund, and for the recovery of such subscriptions, and for the payment and recovery out of the fund of all compensation under the scheme, and of any expenses arising under the scheme which are directed by the scheme to be so paid, subject to such exceptions in special cases as may be made by the scheme;

(c) for the settlement of claims and other matters arising under the scheme by committees representative of both employers and workmen, with an independent chairman, and for the procedure to be adopted before such committees;

(d) for the appointment and remuneration of medical officers, medical boards and advisory medical bodies, and for their duties and powers in connection with the scheme;

(e) for requiring workmen to whom the scheme applies:—

(i) to submit themselves to such periodical medical examination as may be specified in the scheme; and

(ii) to furnish such information with respect to their previous employment in any industry specified in the scheme, as involving exposure to silica dust as may be specified in the scheme;

and for making the right of the workmen to compensation conditional on compliance with such requirements, and for the suspension from employment of workmen who are found at any time to be suffering from silicosis or tuberculosis, or silicosis accompanied by tuberculosis, or who, when first medically examined in pursuance of the scheme, are found unsuitable for work in the industry or process by reason of their failure to satisfy such requirements with respect to physique as may be prescribed by the scheme; and

(f) for the application with the necessary modifications of any of the provisions of this Act, or of any enactment relating to compensation thereunder, and for defining the industries or processes to which the scheme applies; and generally for such further or supplemental matters, including provisions as to the determination of disputes arising between employers and the authority administering the fund, as appear necessary for giving full effect to the scheme.

(4) Any scheme made under this section may be extended or varied by any subsequent scheme made in the like manner, and shall have effect as if enacted in this Act.

(5) Every scheme made under this section shall be laid before each House of the Oireachtas forthwith, and if a resolution is passed by either House within the next subsequent 21 days on which that House sits next after any such scheme is laid before it that such scheme be annulled, such scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

FIRST SCHEDULE. Enactments Repealed.

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.
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.

(a) subject to the provisions of paragraph (b) of this rule, the adults' lump sum shall be whichever of the following sums is the greater, that is to say:—

(i) the sum of £200, or

(ii) a sum equal to whichever of the following sums is the less, that is to say:—

I. the sum of £300,

II. a sum equal to the earnings of such workman in the employment of the same employer during the three years next preceding the injury which resulted in his death or, if the period of such workman's employment by the said employer has been less than the said three years, then a sum equal to one hundred and fifty six times the average weekly earnings of such workman during the period of his actual employment under the said employer;

(b) where the adults' lump sum if calculated in accordance with paragraph (a) of this rule would exceed £200, and any weekly payments have been made to the workman before his death the adults' lump sum shall be whichever is the greater of the two following sums, that is to say:—

(i) the sum of £200;

(ii) the difference between the adults' lump sum if calculated in accordance with the said paragraph (a) and the amount of such weekly payments.

(a) the children's lump sum shall not in any case exceed six hundred pounds;

(b) where the compensation consists of both the children's lump sum and the adults' lump sum, and there is one juvenile dependant only, the children's lump sum shall be a sum equal to 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;

(c) where the compensation consists of both the children's lump sum and the adults' lump sum and there are two or more juvenile dependants, the following provisions shall have effect, that is to say:—

(i) in case there are two 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 £3 6s. 8d. by a number equal to the number of complete calender months between the date of the death of the workman and the date on which the elder of such juvenile dependants will attain the age of fifteen years, and

II. 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 elder of such juvenile dependants will attain the age of fifteen years, and the date on which the younger of such juvenile dependants will attain that age;

(ii) in case there are three 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 £3 15s. 0d. 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 6s. 8d. by a number equal to the number of complete calender 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 £2 1s. 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 youngest of such juvenile dependants will attain that age;

(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.

(2) References in this Rule to the date on which a juvenile dependant will attain the age of fifteen years shall be construed as references to the date on which such juvenile dependant will, unless he previously dies, attain that age.

(a) where the compensation in respect of the death of such workman consists of the adults' lump sum only or of the children's lump sum only, the adults' lump sum or the children's lump sum (as the case may be) shall be reduced by an amount equal to the amount paid in respect of such redemption or release;

(b) where the said compensation consists of both the adults' lump sum and the children's lump sum, the amount paid in respect of such redemption or release shall be divided into two parts bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

(2) Where the compensation payable in respect of the death of a workman consists of the adults' lump sum and the children's lump sum, and the aggregate of the said lump sums, as reduced if the circumstances so require under paragraph (1) of this Rule, exceeds six hundred pounds, the difference between the sum of six hundred pounds and the said aggregate shall be divided into two parts, bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

THIRD SCHEDULE. Rules for Computation of Amount of Weekly Payments.

the expression “pre-accident average weekly earnings” means in relation to a workman the average weekly earnings of the workman during the twelve months, immediately preceding the accident if he has been so long employed by the same employer, but if not, then for any less period immediately preceding the accident during which he has been in the employment of the same employer;

the expression “post-accident average weekly amount” in relation to a workman means the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident.

(a) where the pre-accident average weekly earnings of the workman did not exceed one pound, a sum equal to eighty per cent. of the said earnings;

(b) where the pre-accident average weekly earnings of the workman exceeded one pound, a sum equal to seventy-five per cent. of the said earnings or the sum of sixteen shillings, whichever of the said sums is the greater.

(a) where the difference between the pre-accident average weekly earnings and the post-accident average weekly earnings does not exceed one pound, a sum equal to seventy-five per cent. of that difference, and

(b) where the difference between the amount of the pre-accident average weekly earnings and the post-accident average weekly amount exceeds one pound, a sum equal to eighty per cent. of that difference.

FOURTH SCHEDULE. Table showing Price of an Annuity of £1 on a Single Life

Age last Birthday of Proposed Annuitant					Price of Annuity of £1
Males			Females
					£	s.	d.	£	s.	d.
21	years				24	0	11	25	0	9
22	”				23	17	0	24	17	0
23	”				23	13	0	24	13	2
24	”				23	8	11	24	9	3
25	”				23	4	10	24	5	3
26	”				23	0	7	24	1	3
27	”				22	16	3	23	17	2
28	”				22	11	9	23	13	0
29	”				22	7	3	23	8	9
30	”				22	2	7	23	4	6
31	”				21	17	10	23	0	2
32	”				21	13	0	22	15	9
33	’				21	8	0	22	11	3
34	”				21	2	11	22	6	8
35	”				20	17	9	22	2	0
36	”				20	12	5	21	17	3
37	”				20	6	11	21	12	6
38	”				20	1	4	21	7	6
39	”				19	15	7	21	2	6
40	”				19	9	9	20	17	5
41	”				19	3	9	20	12	2
42	”				18	17	7	20	6	10
43	”				18	11	4	20	1	5
44	”				18	5	0	19	15	9
45	”				17	18	5	19	10	0
46	”				17	11	8	19	4	2
47	”				17	4	10	18	18	1
48	”				16	17	10	18	11	11
49	”				16	10	7	18	5	7

FIFTH SCHEDULE. Provisions as to Payments into Court and Investment.

(2) References in this Schedule to the share of a juvenile dependant shall be construed—

(a) where there are two or more juvenile dependants entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum allotted under this paragraph to each such juvenile dependant and for the time being unapplied;

(b) where there is only one juvenile dependant entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum for the time being unapplied;

(2) In making any order for the payment of any share or part of a share of any juvenile dependant the Court may direct that such payment shall be made in instalments of equal or unequal amounts at regular intervals or fixed dates and may order that the payment of any such instalments shall cease at the expiration of a term fixed or on the happening of an event specified in such order.

(a) if such juvenile dependant leaves one person only under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived), the first-mentioned share shall be added to and form part of the share of such person;

(b) if such juvenile dependant leaves two or more persons under the age of fifteen who are each entitled to a share (derived out of the children's lump sum out of which the first-mentioned share was derived) the Court shall divide and allocate the first-mentioned sum amongst such persons in proportion to their respective original shares, and the amount allocated to any such person shall be added to and form part of the original share of such person;

(c) if such juvenile dependant leaves no person under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived) the said first-mentioned share shall be paid to the next of kin of such juvenile dependant.

SIXTH SCHEDULE. Industrial Diseases.

Description of Disease	Description of Process
(1)	(2)
Anthrax	Handling of wool, hair, bristles, hides and skins.
Lead poisoning or its sequel	Any process involving the use of lead or its preparations or compounds.
Mercury poisoning or its sequel	Any process involving the use of mercury or its preparations or compounds.
Phosphorus poisoning or its sequel	Any process involving the use of phosphorus or its preparations or compounds.
Arsenic poisoning or its sequel	Any process involving the use of arsenic or its preparations or compounds.
Ankylostomiasis	Mining.
Poisoning by benzene and its homologues, or the sequel.	Handling benzene or any of its homologues, or any process in the manufacture or involving the use thereof.
Poisoning by nitrous fumes or its sequel.	Any process in which nitrous fumes are evolved.
Dermatitis produced by dust or liquids	_
Epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.	Handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.
Cataract in glassworkers	Any process in the manufacture of glass involving exposure to the glare of molten glass.

Where regulations or special rules made under any British Statute or Act of the Oireachtas for the protection of persons employed in any industry against the risk of contracting lead poisoning require some or all of the persons employed in certain processes specified in the regulations or special rules to be periodically examined by a certifying or other surgeon, then, in the application of this Schedule to that industry, the expression “process” shall, unless the Minister otherwise directs, include only the processes so specified.