Page image
Page image

11

H.—llA

domestic assistance for a short period in a moment of emergency might find it a practical impossibility to obtain insurance cover before the employment commenced. For the reasons stated, we think some qualification as to the period of employment is desirable. We are of the opinion that a reasonable compromise would be effected if the Act were extended to cover a worker not employed in and for the purposes of any trade or business carried on by the employer, or in any occupation now included in the First Schedule (excepting domestic service, the special provision for which should be cancelled, and which service would then fall strictly within the proposed extension), when such a worker has been employed by the employer in whose service the accident occurs for a period of at least three consecutive days within the period of twelve months immediately preceding the day of the accident. The three-days qualification would, we consider, give the employer reasonable time in which to effect insurance. In connection with the occupations covered by the proposed extension, we are of opinion that the average weekly earnings should be computed in manner best calculated to give the average rate per week at which the worker was being remunerated. Illegal Employment. (See Recommendation No. 4.) It having been brought to the notice of the Commission that hardship may arise in cases where the employment is technically illegal, it was resolved to recommend the adoption of the provisions of the English Act, which are contained in the following section : — " Section 3. (3) If on any proceedings for the recovery of compensation under this Act it appears to the Judge of County Courts or other person by whom the claim to compensation is to be settled 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, he may, if, having regard to all the circumstances of the case he thinks proper to do so, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship." Compensation in ease of Death. (See Recommendation No. 5.) A great deal of evidence was heard on this matter. Suggestions were made for increasing benefits, and also for varying compensation in accordance with the number of dependent children of the deceased worker. We went thoroughly into all the suggestions, but having regard to the benefits provided by the Widows' Pension Act and to the fact that compensation paid on account of fatal accident is administered by the Public Trustee, acting under direction of the Court, in the best interests of all dependants, it was decided not to recommend any alteration, except in regard to the minimum payment. This we recommend should be increased from £300 to £500. Funeral Expenses. (See Recommendation No. 6.) The Act at present provides, in addition to the compensation, that a payment not exceeding £50 be made for medical and funeral expenses. We recommend that this clause be amended to provide for funeral expenses only, the amount not to exceed £25. Provision is recommended elsewhere for medical, surgical, and hospital treatment, including first aid. Compensation according to Dependants. (See Recommendation No. 7.) Many suggestions were made to the Commission that the percentage of wages paid to workers in cases of incapacity should be increased beyond the 66§ now provided. Some witnesses asked that full wages be paid, others that payment should be on a basis taking into consideration the injured worker's dependants. Very full consideration was given to these representations. The basis of payment under the Act up to the present has been the earnings of the injured worker, irrespective of the number of his dependants.

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert