WORKMEN'S COMPENSATION (AMENDMENT) ACT, 1953

AN ACT TO AMEND THE ENACTMENTS RELATING TO COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT. [12th August, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Definitions.

1.—In this Act—

“the Acts of 1897 and 1900” means the Workmen's Compensation Acts, 1897 and 1900;

“the Act of 1906” means the Workmen's Compensation Act, 1906;

“the Act of 1934” means the Workmen's Compensation Act, 1934 (No. 9 of 1934);

“the Act of 1948” means the Workmen's Compensation (Amendment) Act, 1948 (No. 23 of 1948);

the references to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 include references to any sum payable under section 14 of the Act of 1934 or section 3 of the Act of 1948.

2 The appointed day.

2.—The Minister for Social Welfare may by order appoint a day to be the appointed day for the purposes of this Act, and in this Act “the appointed day” means the day so appointed.

3 Supplemental allowances to workmen entitled to weekly payments under Acts of 1897 and 1900, Act of 1906 or Act of 1934.

3.—(1) Where a male workman is entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900, the Act of 1906 or the Act of 1934 in respect of any week commencing on or after the appointed day, he shall whether the accident giving rise to the compensation happened before, on or after the appointed day, be entitled in respect of that week to—

• (a) if he has a wife who was married to him at the time of the accident, a supplemental allowance in respect of her at a rate not exceeding twelve shillings per week, and

• (b) if he has a child or children under the age of fifteen years—

• (i) where there is one such child only, a supplemental allowance in respect of that child at a rate not exceeding seven shillings per week,

• (ii) where there are two such children and not more, a supplemental allowance in respect of each of those children at a rate not exceeding seven shillings per week,

• (iii) where there are three or more such children, a supplemental allowance in respect of each of the two eldest of those children at a rate not exceeding seven shillings per week.

• (2) Where the weekly payment is in respect of total incapacity or equals the amount which would be payable to the workman in the case of total incapacity resulting from the injury, any such allowance shall be the maximum allowance specified in subsection (1) of this section, and in any other case shall bear the same proportion to the maximum allowance as the weekly payment bears to the amount of the weekly payment which would be payable to the workman in the case of total incapacity.

• (3) The total amount of the supplemental allowances payable in respect of any weekly payment shall not exceed such sum as would, together with the said weekly payment, amount—

• (a) in the case of total incapacity, to seventy-five per cent. of the pre-accident average weekly earnings of the workman, or

• (b) in the case of partial incapacity, to eighty per cent. of the difference between the pre-accident average weekly earnings of the workman and his post-accident average weekly amount.

In this subsection “pre-accident average weekly earnings” and “post-accident average weekly amount” have the same meanings as in the Third Schedule to the Act of 1934, but—

• (i) in a case where the amount of the weekly payment is increased as a result of a review under subsection (2) of section 25 of the Act of 1934, “pre-accident average weekly earnings” shall be construed as referring to the weekly sum which the workman would probably have been earning at the date of the review if he had remained uninjured,

• (ii) in a case where the amount of the weekly payment is varied as a result of a review under subsection (3) of section 25 of the Act of 1934, “pre-accident average weekly earnings” shall be construed as referring to what would have been the workman's average weekly earnings during the twelve months previous to the accident if the rates of remuneration obtaining during the twelve months previous to the review had obtained during the twelve months previous to the accident,

• (iii) in a case where the amount of the weekly payment is fixed pursuant to paragraph (i) of subsection (2) of section 7 of the Act of 1948, “pre-accident average weekly earnings” shall be construed as referring to the weekly sum which the workman would probably have been earning at the date of the hearing of the proceedings if he had remained uninjured, and

• (iv) in a case where the amount of the weekly payment is fixed pursuant to paragraph (ii) of subsection (2) of section 7 of the Act of 1948, “pre-accident average weekly earnings” shall be construed as referring to what would have been the workman's average weekly earnings during the twelve months previous to the accident if the rates of remuneration obtaining during the twelve months previous to the hearing of the proceedings had obtained during the twelve months previous to the accident.

• (4) The supplemental allowances shall be deemed to be part of the said weekly payment for all purposes and they shall accordingly be payable by the employer liable to make the weekly payment, but where application is made to the Circuit Court in relation to the redemption of the weekly payment, the part of the lump sum referable to a supplemental allowance shall, in a case where the incapacity is permanent as well as in a case where it is not permanent, be such amount as may be determined by the Court.

• (5) Where for the purposes of any of the following enactments, that is to say:

• (a) subsection (3) of section 5 of the Act of 1906,

• (b) subsection (5) of section 20 of the Act of 1934, and

• (c) sections 107 and 209 of the Companies (Consolidation) Act, 1908,

it is necessary to ascertain the lump sum for which any weekly payment which includes a supplemental allowance could be redeemed, those enactments shall have effect subject to the provisions of subsection (4) of this section.

• (6) Any workman who is entitled to two or more concurrent weekly payments shall be entitled to supplemental allowances in respect of each weekly payment, but—

• (a) the aggregate of such allowances shall not exceed the maximum allowances respectively specified in paragraph (a) and paragraph (b) of subsection (1) of this section, and

• (b) where, but for this provision, the aggregate would exceed those maximum allowances and the weekly payments are not all payable by the same person, the several persons liable to make the weekly payments aforesaid shall only be liable to pay such allowances as bear to the said maximum allowances the same proportions as their respective weekly payments bear to the aggregate of the weekly payments.

• (7) The supplemental allowance in respect of his wife payable to a workman entitled to a weekly payment by way of compensation under the Acts of 1897 and 1900 or the Act of 1906 shall, notwithstanding any other provision of this section, be at the maximum rate specified in paragraph (a) of subsection (1) of this section.

• (8) Where a workman has accepted a weekly payment which does not include a supplemental allowance or which includes a supplemental allowance less than the maximum, he shall not be entitled to any additional payment by way of supplemental allowance in respect of any week unless the claim for that payment is made within six months after the end of that week.

• (9) In this section “child” means, in relation, to a male workman entitled to a weekly payment,—

• (a) any legitimate or illegitimate child born to him not later than ten months after the accident giving rise to compensation,

• (b) any step-child, being a legitimate child whose mother was married to him before the accident, and

• (c) any child adopted before the accident by him, or by him and his wife jointly, in pursuance of an adoption order made under the Adoption Act, 1952 (No. 25 of 1952).

4 Amendment of section 5 (2) (a) of Act of 1934.

4.—(1) Paragraph (a) of subsection (2) of section 5 of the Act of 1934, as amended by subsection (1) of section 4 of the Act of 1948, is hereby amended by the substitution of “six hundred pounds” for “five hundred pounds”.

• (2) The amendment effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

5 Amendment of section 53 of Act of 1934.

5.—(1) Subsection (2) of section 53 of the Act of 1934 is hereby amended by the substitution of “insured under the Social Welfare Act, 1952 (No. 11 of 1952), or not” for “an insured person or not and in the event of his being an insured person shall state the name and address of the approved society by which sickness or disablement benefit under the National Health Insurance Acts, 1911 to 1933, payable to such workman is administered,”.

• (2) Subsection (3) of section 53 of the Act of 1934 is hereby amended by the substitution of “insured under the Social Welfare Act, 1952 (No. 11 of 1952), also on the Minister for Social Welfare” for “an insured person, also on the approved society concerned,”.

6 Amendment of section 60 of Act of 1934.

6.—(1) Section 60 of the Act of 1934 is hereby amended by the addition thereto of the following subsection:—

• “(6) In a case to which this section applies—

  • (a) acceptance by the workman of compensation under this Act, or of any payment purporting to be by way of compensation thereunder, or of any sum paid under an agreement duly registered under Part VI of this Act, shall not prevent the workman from maintaining proceedings independently of this Act, provided that the proceedings are instituted within twelve months from the occurrence of the accident, or, if the workman satisfies the Court in which the proceedings are instituted that there were substantial grounds for his not having instituted the proceedings within the said twelve months, within twenty-four months from the occurrence of the accident, and

  • (b) if the proceedings are so instituted and it is determined therein, or on appeal, that the injury is one for which the employer is liable in the proceedings, the Court in which the proceedings are heard, or if the determination is the determination (on appeal by either party) of an appellate tribunal, then such appellate tribunal, shall deduct from the damages, costs and expenses any such compensation, payment or sum which the workman has received and, where there have been proceedings for the recovery of compensation under this Act, any costs and expenses therein of the employer and any costs and expenses therein of the workman which have been borne by the employer.”.

• (2) The amendment effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

7 Amendment of section 61 of Act of 1934.

7.—(1) Section 61 of the Act of 1934 is hereby amended by the insertion therein after paragraph (a) of the following paragraph:

• “(aa) notwithstanding anything contained in the foregoing paragraph—

  • (i) acceptance by the workman of compensation under this Act or such scheme, or of any sum paid under an agreement duly registered under Part VI of this Act, shall not prevent the workman from maintaining the said proceedings to recover damages or from recovering damages therein, provided that the proceedings are instituted within twelve months from the occurrence of the accident, or, if the workman satisfies the Court in which the proceedings are instituted that there were substantial grounds for his not having instituted the proceedings within the said twelve months, within twenty-four months from the occurrence of the accident, and

  • (ii) if the proceedings are so instituted and it is determined therein, or on appeal, that the injury is one for which the defendant is liable in the proceedings, the Court in which the proceedings are heard, or if the determination is the determination (on appeal by either party) of an appellate tribunal, then such appellate tribunal shall deduct from the damages, costs and expenses any such compensation or sum which the workman has received and, where there have been proceedings for the recovery of compensation under this Act or such scheme, any costs and expenses therein of the respondent in those proceedings and any costs and expenses therein of the workman which have been borne by such respondent,”.

• (2) The amendment effected by subsection (1) of this section shall not apply to any case where the accident happened before the appointed day.

8 Amendment of Second Schedule to Act of 1934.

8.—(1) The Second Schedule to the Act of 1934 is hereby amended in accordance with the Schedule to this Act.

• (2) Subsection (2) of section 22 of the Act of 1934 is hereby amended by the substitution of “twelve hundred pounds” for “six hundred pounds”.

• (3) The amendments effected by subsections (1) and (2) of this section shall not apply to any case where the accident happened before the appointed day.

9 Recurrence of incapacity.

9.—(1) Notwithstanding any rule of law or anything contained in the Act of 1934, where it appears to the Court, at the hearing of a claim for compensation under the Act of 1934 or of an application under section 25 of the Act of 1934 for review of a weekly payment, that the incapacity which resulted from the injury caused to the workman has ceased, but that there is a reasonable probability that it will recur, the Court may make an order containing a declaration to that effect and reserving liberty to both the workman and the employer to apply to the Court to reconsider such order.

• (2) Where, at the hearing of an application to reconsider an order under subsection (1) of this section, it appears to the Court that the incapacity which resulted from the injury caused to the workman has recurred, the Court may deal with the application as if it were a claim for compensation under the Act of 1934 and for that purpose may treat the day on which such incapacity recurred as the day on which such injury was caused to the workman.

10 Requirements as to furnishing of information.

10.—(1) (a) Any employer against whom a claim for supplemental allowances under this Act is made may by notice in writing require the workman to make a declaration in the prescribed form and containing such information as may be necessary for the purposes of this Act as to any wife or children in respect of whom any allowances are claimed, and as to any other weekly payment by way of compensation under the Acts of 1897 and 1900, the Act of 1906 or the Act of 1934, and any supplemental allowances payable in respect thereof, to which the workman is entitled.

• (b) Any employer liable to pay supplemental allowances under this Act may by notice in writing require the workman to make, on any occasion on which the supplemental allowances are due, a declaration in the prescribed form containing such information as may be necessary to enable the employer to ascertain whether there has been any material change of circumstances.

• (c) If the workman, without reasonable cause, fails to make the declaration within fourteen days from the service of any notice under this subsection, his right to the allowances shall be suspended as from the expiration of that period until the declaration is made and no allowances shall be payable in respect of the period of suspension.

• (2) Any person who, for the purpose of obtaining a supplemental allowance under this Act for himself or any other person or of increasing the amount of any such allowance, knowingly makes any false statement or false representation, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment, and where any allowances have, in consequence of any such false statement or representation made in writing by the workman or with his knowledge, been paid in excess of the amounts to which the workman was entitled, the employer liable to pay the allowances shall, without prejudice to any other method of recovery, be entitled to deduct the amount of the excess from any future payments of allowances.

• (3) In this section “prescribed” means prescribed by regulations made by the Minister for Social Welfare.

11 Proof of age and marriage.

11.—(1) Where for the purposes of this Act, the age or marriage of any person is required to be proved, any person shall, on presenting a written requisition in such form and containing such particulars as may be directed by the Minister for Health and on payment of the appointed fee, be entitled to obtain a certified copy of the entry of the birth or marriage (as the case may be) of that person in the register of births or marriages (as the case may be) under the hand of the registrar or superintendent registrar or other person having the custody thereof, and forms for such requisition shall on request be supplied without any charge by every registrar of births and deaths, and by every superintendent registrar or other person having the custody of the register.

• (2) The Minister for Health may, with the consent of the Minister for Social Welfare and of the Minister for Finance, by regulations appoint fees for the purposes of this section and different fees may be appointed for different certificates.

12 Schemes under section 79 of Act of 1934.

12.—This Act shall apply in relation to workmen entitled to compensation under any scheme made under section 79 of the Act of 1934 subject to such adaptations, modifications and exceptions as may be contained in the scheme or in an amending scheme made under that section.

13 Short title and collective citation.

13.—(1) This Act may be cited as the Workmen's Compensation (Amendment) Act, 1953.

• (2) The Workmen's Compensation Acts, 1934 and 1948, and this Act may be cited together as the Workmen's Compensation Acts, 1934 to 1953.

SCHEDULE. Aamendments of Second Schedule to Act of 1934.