Employers' Liability to Their Servants at Common Law: And Under the Employers' Liability Act, 1880, and the Workmen's Compensation Act, 1906
Sweet and Maxwell, limited, 1911 - Broj stranica: 748
accordance action agreement amount Appendix application appointed arbitrator Attending average weekly earnings award casual nature caused certificate certifying surgeon claim Colliery common law contributory negligence copy costs County Court judge Court of Appeal Court of holden damages Dated this day death decision defect dependants duty employed employer employment entitled evidence examination fact Form Friendly Societies give given held House of Lords incapacity indemnity industrial diseases insurers judgment labour legal personal representative liability Limited manual labour matter medical referee memorandum ment Merchant Shipping Act misconduct notice officer old Act order for detention otherwise owners paid into court paragraph pay compensation payable payment into court pensation personal injury plaintiff proceedings prove question reason recover reference registrar regulations respect respondent SCHED Schedule Schedule II scheme seamen SECT sequela servant settled solicitor sub-sect thereof third party tion United Kingdom wages week weekly payment whilst Workmen's Compensation Act
Stranica 639 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Stranica 641 - By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Stranica 157 - Proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless notice of the accident has been given at soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured...
Stranica 401 - If in any employment to which this Act applies personal injury by accident arising out of and in the course of the employment is caused to a workman. his employer shall, subject as herein-after mentioned, be liable to pay compensation in accordance with the First Schedule to this Act.
Stranica 642 - When the injury was caused by the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, nothing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Act or take proceedings independently of this Act...
Stranica 639 - ... although the death shall have been caused under such circumstances as amount in law to felony.
Stranica 233 - Provided that: — (a) The employer shall not be liable under this act in respect of any injury which does not disable the workman for a period of at least two weeks from earning full wages at the work at which he was employed...
Stranica 49 - Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which it was sustained...
Stranica 418 - ... in the case of partial incapacity the weekly payment shall in no case •exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident...
Stranica 642 - Act; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid...