Workmen’s Compensation Act, 1934

JurisdictionIreland
CitationIR No. 9/1934


Number 9 of 1934.


WORKMEN'S COMPENSATION ACT, 1934.


ARRANGEMENT OF SECTIONS

PART I.

PRELIMINARY AND GENERAL.

Section

1.

Short title.

2.

Commencement of Act.

3.

Application of Act.

4.

Definitions.

5.

“Workman”.

6.

Meaning of “member of a family”.

7.

Meaning of “dependants”.

8.

Meaning of “employer”.

9.

Local and public authorities.

10.

Medical referees.

11.

Regulations.

12.

Expenses.

13.

Repeals.

14.

Increase of weekly payment under Workmen's Compensation Acts, 1897 and 1900 and Workmen's Compensation Act, 1906, in cases of total incapacity.

PART II.

COMPENSATION FOR PERSONAL INJURIES TO WORKMEN AND LIABILITY THEREFOR.

15.

Liability of employers to workmen for injuries.

16.

Non-liability of employer in certain cases.

17.

Prohibition of contracting out.

18.

Persons entitled to compensation.

19.

Sub-contracting.

20.

Bankruptcy of employer.

PART III.

AMOUNT OF COMPENSATION AND REVIEW AND REDEMPTION OF WEEKLY PAYMENTS.

21.

“Earnings” and “Average weekly earnings”.

22.

Compensation in fatal cases.

23.

Amount of compensation in non-fatal cases.

24.

Treatment of partial incapacity as total incapacity.

25.

Reviews of weekly payments.

26.

Restriction on ending or diminishing weekly payments by employer.

27.

Redemption of weekly payments.

PART IV.

CONDITIONS OF COMPENSATION.

28.

Notice of accident generally.

29.

Notices of accidents in mines and factories.

30.

Accident book at mines, etc.

31.

Time limit for commencing proceedings.

32.

Condition as to residence.

33.

Medical examination of workman by employer's medical practitioner.

34.

Examination of workman by medical referee.

35.

Suspension of right to compensation.

PART V.

JURISDICTION OF THE CIRCUIT COURT.

36.

Jurisdiction of the Circuit Court.

37.

Rules of Court.

38.

Exercise of jurisdiction by the Circuit Court and county registrars.

39.

Attendance of medical assessor.

40.

Variation of former order by the Court.

41.

Disposal of compensation.

42.

Court fees.

43.

Payment of compensation and costs.

PART VI.

AGREEMENTS IN RELATION TO COMPENSATION.

44.

Matters required to be determined by the Court.

45.

Registers of Agreements under the Workmen's Compensation Act, 1934.

46.

Agreements to be in writing.

47.

Weekly payment agreement.

48.

Variation agreements.

49.

Redemption of weekly payment by agreement.

50.

Commutation agreements.

51.

Agreement by way of compromise of disputed claim.

52.

Lump sum agreements.

53.

Applications for registration of agreements.

54.

Objections to registration.

55.

Reference of application for registration to the Court.

56.

Procedure where no objection to registration.

57.

Procedure where objection to registration.

58.

Matters arising on determination by court of application for registration.

59.

Rectification of the register of agreements.

PART VII.

ALTERNATIVE REMEDIES BY WORKMEN.

60.

Independent remedies against employer.

61.

Remedies both against employer and stranger.

62.

Substitution of liability under scheme for liability under Act.

63.

Saving as respects fines under Mines and Factories Acts.

PART VIII.

APPLICATION OF THIS ACT TO SPECIAL CLASSES OF PERSONS.

64.

Application to workmen in the employment of the State.

65.

Application to men being trained or engaged in rescue work in mines.

66.

Application of Act to crews of certain ships.

67.

Application of Act to persons (other than seamen) employed on certain ships.

68.

Extension of Act to certain share-fishermen.

69.

Detention of ships.

70.

Conventions with other States.

PART IX.

ADMINISTRATIVE PROVISIONS.

71.

Transfer of compensation for administration in another State.

72.

Prohibition against charging or assigning weekly payments.

73.

Payment for medical or surgical treatment.

74.

Returns by employers.

75.

Amendment of section 18 of the Coal Mines Act, 1911.

PART X.

APPLICATION OF ACT TO CERTAIN INDUSTRIAL DISEASES.

76.

Application of Act to industrial diseases.

77.

Supplemental provisions as to industrial diseases.

78.

Mutual insurance of employers engaged in industries.

79.

Power by scheme to apply Act to workmen suffering from silicosis.

FIRST SCHEDULE.

SECOND SCHEDULE.

THIRD SCHEDULE.

FOURTH SCHEDULE.

FIFTH SCHEDULE.

SIXTH SCHEDULE.


Act Referred to

Defence Forces (Temporary Provisions) Act, 1923

No. 30 of 1923


Number 9 of 1934.


WORKMEN'S COMPENSATION ACT, 1934.


AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT AND TO AMEND SECTION 18 OF THE COAL MINES ACT, 1911. [22nd March, 1934.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary and General.

Short title.

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

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.

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.

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.

“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.

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.

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...

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