Workmen's Compensation

Workmen’s Compensation in Europe

Definition of Workmen’s Compensation

The Workmen’s Compensation Act, 1906, s. 1, provided ” 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 be liable to pay compensation.” A workman is defined (section 13) as ” Anyone under a contract of service who is not a person employed otherwise than by way of manual labour at a remuneration exceeding 250 a year.” The Acts have been repealed and re-enacted by the Workmen’s Compensation Act, 1925. The workman who comes within the Act is in a far more favourable position than a stranger, for where he sues his employer for injuries sustained by an accident arising out of and in the course of his employment, the latter cannot set up as a defence:
(1) Volenti non fit injuria ;
(2) Inevitable accident; or
(3) Contributory negligence of the workman.
The defence of serious and wilful misconduct has been considerably curtailed. See Master and Servant

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Definition of Workmen’s Compensation is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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