The First British Workmens Compensation Act 1897

Author : Arthur Thomson Glegg
Publisher : Forgotten Books
ISBN 13 : 9780484682626
Total Pages : 178 pages
Book Rating : 4.6/5 (826 download)

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Download or read book Commentary Workmen's Compensation Act 1897 (Classic Reprint) written by Arthur Thomson Glegg and published by Forgotten Books. This book was released on 2018-02-25 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Commentary Workmen's Compensation Act 1897 To remedy the disability under which an injured workman lay by reason of the introduction of these doctrines into the law, two changes were effected. They were brought about by different agencies, the first being statutory, the second judicial. By the Employers' Liability Act of 1880 the defence of Common Employment was to a certain extent abolished. A master then became liable for the fault of a fellow-servant of the pursuer, subject to three concurring limitations. The work man suing had to be of a certain class; the servant, for whose fault the master was to be made liable, had to be of a certain grade; and the amount of damages recoverable was not to exceed three years' wages. The form in which the Act was drawn suggests that a new ground of liability was created, and that the right to reparation depends on the happening of any of five enumerated events, but the Act has always been looked upon as a leading example of involved drau the true meaning and effect Have been found to be as above stated. The relief afforded by this Act, however, has not been complete, and its practical working has caused great dissatisfaction both to employer and employed. Certain classes of workmen, such as seamen, menial servants, and shop assistants, are excluded altogether from its benefits, and many injuries - viz. All those occurring through the fault of a servant who is not in a position of authority or control - are left unprovided for. Further, the dubiety as to the validity of a claim, and the expense of enforcing and defending it, have been felt to be excessively great. In Scotland, in particular, where cases can be brought into the Court of Session for jury trial, the latter objection has been forcibly illustrated. On the whole, therefore, it has been found that the Act has not provided a sufficient remedy for the evil it was intended to remove, and that the benefits which it has conferred have been accompanied with conditions which have deprived them of much of their value to the employed, and have rendered them singularly irksome to the employer. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.