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4

The scale of compensation was set out in the schedule to the Act, and it provided for compensation in case of death up to £400, or 156 times the average weekly earnings ; the weekly payment for total incapacity was 50 per cent, of the average weekly earnings, not exceeding £2 per week, or a total of £300. It will be seen that this Act did not cover all classes of workmen, and many difficult and illogical cases arose. As was to be expected, there were therefore several amendments to this Act. In 1902 the Act was applied to agricultural workers, and in 1903 to piecework contractors ; also, Magistrates were given jurisdiction in claims under £200. The original Act contained a schedule of those who were dependants ; by the 1903 Act illegitimate children were added to this list. In 1904 provision was made to bring wharf labourers within the Act. In 1905 the minimum compensation was fixed at £l, and provision was made for lump-sum settlements in all cases. These were some of the principal amendments made in an endeavour to bring the Act into general application for the benefit of workers. In 1908 a new Act was drafted by the then Law Draftsman, Sir John Salmond, on the lines of the Imperial Act of 1906. In the 1908 Act an effort was made to include in the benefits of the Act workers engaged in any class of work who met with an accident whilst working for their employer. Under this Act the term " worker " included any person who had entered into or worked under a contract of service in any class of work whose average weekly earnings did not exceed £5. The Act was restricted to the employment of a worker in and for the purpose of the trade or business carried on by the employer or in any of the special occupations set out in the schedule to the Act. The compensation in case of death was increased to £500 and funeral and medical expenses up to £20. In the case of incapacity the rate of pay was one-half the average weekly earnings for a period not exceeding six years, with a maximum of £500. Fuller provision was made for notice of injury and the bringing of a claim. The procedure was made as simple as possible in order to minimize the risk of a worker losing the benefit of the Act by reason of any formality. Notice had to be given as soon as possible, and action had to be taken within six months. The Court was given a wide power to deal with cases where the time-limit had been exceeded. A special effort was made to prevent an employer from contracting out of his liability, and also to overcome the difficulties experienced under the 1900 Act in the case of contractors and subcontractors, and compensation-moneys were protected. The doctrine of " common employment " was abolished, but limit of liability on a claim based on the negligence of a fellow-servant was that fixed under the Act as for an accident. The amounts payable for compensation were increased from time to time. For example, in 1911 the maximum weekly payment in case of incapacity was fixed at £2 10s. per week. In 1913 the funeral and medical expenses were increased from £20 to £50, and in 1920 the maximum on death or on total incapacity was raised to £750 and the percentage on incapacity to 55. In 1922 this percentage was raised to 58. Again it was found that there were defects in the Act, or no adequate provision in special cases or classes, and from time to time the Legislature passed amendments to provide for such cases. Under the 1911 amendment the wife of a deceased worker and his children under sixteen were presumed to be total dependants unless the employer was able to prove that the dependency was partial only. In the case of partial dependants the Court was given wider discretionary powers. Domestic servants were brought within the Act. The 1913 amendments were mainly administrative provisions, except. that special provision was made for workers under twenty-one or apprentices. Another feature of the 1908 Act was that provision was made in the schedule for payment of compensation at a fixed rate for all cases where a worker lost an eye or a limb, or otherwise suffered a permanent physical injury, as, for example, loss of hearing, even though he did not necessarily have his earning-powers reduced. These Acts and amendments were consolidated by the Workers' Compensation Act, 1922, which is the Act now in force. By an Amendment Act in 1926 the compensation in the case of death was increased from £750 to 208 times the average weekly earnings, or a maximum of £1,000. The amount during incapacity