WORKMEN'S COMPENSATION ACT, 1934 (1934_act_9) | IE

ISB Act 1934-03-22

Schedule 1 WORKMEN'S COMPENSATION ACT, 1934 Open official source

FIRST SCHEDULE. Enactments Repealed.

Enactments Repealed.

Part I.

Session and Chapter or Number and Year

Session and Chapter or

Number and Year

Short Title

Extent of Repeal

6 Edw. VII., c. 58.

The Workmen's Compensation Act, 1906.

The whole Act so far as unrepealed.

9 Edw. VII., c. 16.

The Workmen's Compensation (Anglo-French Convention) Act, 1909.

The whole Act.

1 & 2 Geo. V., c. 50.

The Coal Mines Act, 1911.

Section 110.

8 & 9 Geo. V., c. 8.

The Workmen's Compensation (Illegal Employment) Act, 1918.

The whole Act.

8 & 9 Geo. V., c. 14.

The Workmen's Compensation (Silicosis) Act, 1918.

The whole Act.

Part II.

Session and Chapter

Short Title

Extent of Repeal

7 & 8 Geo. V., c. 42.

The Workmen's Compensation (War Addition) Act, 1917.

The whole Act.

9 & 10 Geo. V., c. 83.

The Workmen's Compensation (War Addition) Amendment Act, 1919.

The whole Act.

ISB Act 1934-03-22

Schedule 2 WORKMEN'S COMPENSATION ACT, 1934 Open official source

SECOND SCHEDULE. Rules for Computation of Compensation in Fatal Cases.

Rules for Computation of Compensation in Fatal Cases.

1. Where the workman leaves any adult dependant wholly dependant on his earnings, the following provisions shall, subject to Rule 5 of this Schedule, have effect in relation to the adults' lump sum, that is to say:—

(a) subject to the provisions of paragraph (b) of this rule, the adults' lump sum shall be whichever of the following sums is the greater, that is to say:—

(i) the sum of £200, or

(ii) a sum equal to whichever of the following sums is the less, that is to say:—

I. the sum of £300,

II. a sum equal to the earnings of such workman in the employment of the same employer during the three years next preceding the injury which resulted in his death or, if the period of such workman's employment by the said employer has been less than the said three years, then a sum equal to one hundred and fifty six times the average weekly earnings of such workman during the period of his actual employment under the said employer;

(b) where the adults' lump sum if calculated in accordance with paragraph (a) of this rule would exceed £200, and any weekly payments have been made to the workman before his death the adults' lump sum shall be whichever is the greater of the two following sums, that is to say:—

(i) the sum of £200;

(ii) the difference between the adults' lump sum if calculated in accordance with the said paragraph (a) and the amount of such weekly payments.

2. Where the workman does not leave any adult dependant wholly dependant on his earnings but leaves any adult dependant in part so dependant, the adults' lump sum shall, subject to Rule 5 of this Schedule, be such sum, not exceeding in any case the amount of the adults' lump sum which would have been payable under the immediately preceding rule if such adult dependant had been in fact wholly dependant on such earnings, as may be determined by the Court to be reasonable and proportionate to the injury to the said adult dependant or, if the workman leaves two or more adult dependants, such dependants.

3. (1) Where a workman leaves a juvenile dependant or juvenile dependants and such dependant was or all such dependants were wholly dependant on his earnings, the following provisions shall, subject to Rule 5 of this Schedule, have effect in relation to the children's lump sum, that is to say:—

(a) the children's lump sum shall not in any case exceed six hundred pounds;

(b) where the compensation consists of both the children's lump sum and the adults' lump sum, and there is one juvenile dependant only, the children's lump sum shall be a sum equal to the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which such juvenile dependant will attain the age of fifteen years;

(c) where the compensation consists of both the children's lump sum and the adults' lump sum and there are two or more juvenile dependants, the following provisions shall have effect, that is to say:—

(i) in case there are two juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calender months between the date of the death of the workman and the date on which the elder of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the elder of such juvenile dependants will attain the age of fifteen years, and the date on which the younger of such juvenile dependants will attain that age;

(ii) in case there are three juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calender months between the date on which the eldest of such juvenile dependants will attain the age of fifteen years and the date on which the second of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the second of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

(iii) in case there are four juvenile dependants only, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of such juvenile dependants will attain the age of fifteen years and the date on which the second of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of such juvenile dependants will attain the age of fifteen years and the date on which the third of such juvenile dependants will attain that age, and

IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

(iv) in case there are five or more juvenile dependants, the children's lump sum shall be a sum equal to the total of the following amounts, that is to say:—

I. the amount arrived at by multiplying £4 3s. 4d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years, and

II. the amount arrived at by multiplying £3 15s. 0d. by a number equal to the number of complete calendar months between the date on which the eldest of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the second of the four youngest of such juvenile dependants will attain that age, and

III. the amount arrived at by multiplying £3 6s. 8d. by a number equal to the number of complete calendar months between the date on which the second of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the third of the four youngest of such juvenile dependants will attain that age, and

IV. the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date on which the third of the four youngest of such juvenile dependants will attain the age of fifteen years and the date on which the youngest of such juvenile dependants will attain that age;

(d) where the compensation consists of the children's lump sum only, and there is one juvenile dependant only, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:—

(i) the amount arrived at by multiplying £2 1s. 8d. by a number equal to the number of complete calendar months between the date of the death of the workman and the date on which such juvenile dependant will attain the age of fifteen years, or

(ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum;

(e) where the compensation consists of the children's lump sum only, and there are two or more juvenile dependants, the children's lump sum shall be whichever is the greater of the following amounts, that is to say:—

(i) the amount of the children's lump sum calculated under sub-paragraph (b) of this paragraph, if the compensation had consisted of the adults' lump sum and the children's lump sum, or

(ii) the amount of the adults' lump sum calculated under Rule 1 of this Schedule, if the compensation had been or included the adults' lump sum.

(2) References in this Rule to the date on which a juvenile dependant will attain the age of fifteen years shall be construed as references to the date on which such juvenile dependant will, unless he previously dies, attain that age.

4. Where the workman leaves a juvenile dependant or juvenile dependants and such juvenile dependant or juvenile dependants or any of them were partially dependant on the workman's earnings, the children's lump sum shall, subject to Rule 5 of this Schedule, be such proportion of the sum which would have been payable under the immediately preceding rule if such juvenile dependant or all such juvenile dependants had been wholly dependent on the workman's earnings as may be determined by the Court to be reasonable.

5. (1) If any weekly payments payable to a workman have been redeemed either by order of the Court or by agreement made under this Act, or if the liability to make weekly payments has been redeemed by an agreement made under this Act, or if, where an employer disputed his liability to make a weekly payment under this Act to a workman, such employer and workman entered into an agreement under this Act whereby in consideration of the payment by such employer to such workman of a lump sum, such workman released such employer from his liability (if any) to make such weekly payments, and the amount paid in respect of such redemption or release is less than six hundred pounds, the following provisions shall have effect, that is to say:—

(a) where the compensation in respect of the death of such workman consists of the adults' lump sum only or of the children's lump sum only, the adults' lump sum or the children's lump sum (as the case may be) shall be reduced by an amount equal to the amount paid in respect of such redemption or release;

(b) where the said compensation consists of both the adults' lump sum and the children's lump sum, the amount paid in respect of such redemption or release shall be divided into two parts bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

(2) Where the compensation payable in respect of the death of a workman consists of the adults' lump sum and the children's lump sum, and the aggregate of the said lump sums, as reduced if the circumstances so require under paragraph (1) of this Rule, exceeds six hundred pounds, the difference between the sum of six hundred pounds and the said aggregate shall be divided into two parts, bearing to each other the same proportion as the adults' lump sum and the children's lump sum bear to each other, and an amount equal to the greater of such parts shall be deducted from the greater of such lump sums and an amount equal to the other such part shall be deducted from the lesser of such lump sums.

ISB Act 1934-03-22

Schedule 3 WORKMEN'S COMPENSATION ACT, 1934 Open official source

THIRD SCHEDULE. Rules for Computation of Amount of Weekly Payments.

Rules for Computation of Amount of Weekly Payments.

1. In these Rules—

the expression “pre-accident average weekly earnings” means in relation to a workman the average weekly earnings of the workman during the twelve months, immediately preceding the accident if he has been so long employed by the same employer, but if not, then for any less period immediately preceding the accident during which he has been in the employment of the same employer;

the expression “post-accident average weekly amount” in relation to a workman means the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident.

2. The weekly payment shall in no case exceed thirty shillings.

3. The weekly payment in cases of total incapacity shall during the period of total incapacity be as follows:—

(a) where the pre-accident average weekly earnings of the workman did not exceed one pound, a sum equal to eighty per cent. of the said earnings;

(b) where the pre-accident average weekly earnings of the workman exceeded one pound, a sum equal to seventy-five per cent. of the said earnings or the sum of sixteen shillings, whichever of the said sums is the greater.

4. The weekly payment in cases of partial incapacity shall be as follows:—

(a) where the difference between the pre-accident average weekly earnings and the post-accident average weekly earnings does not exceed one pound, a sum equal to seventy-five per cent. of that difference, and

(b) where the difference between the amount of the pre-accident average weekly earnings and the post-accident average weekly amount exceeds one pound, a sum equal to eighty per cent. of that difference.

ISB Act 1934-03-22

Schedule 4 WORKMEN'S COMPENSATION ACT, 1934 Open official source

FOURTH SCHEDULE. Table showing Price of an Annuity of £1 on a Single Life

Table showing Price of an Annuity of £1 on a Single Life

Age last Birthday of Proposed Annuitant

Price of Annuity of £1

Males

Females

£

s.

d.

£

s.

d.

21

years

24

0

11

25

0

9

22

”

23

17

0

24

17

0

23

”

23

13

0

24

13

2

24

”

23

8

11

24

9

3

25

”

23

4

10

24

5

3

26

”

23

0

7

24

1

3

27

”

22

16

3

23

17

2

28

”

22

11

9

23

13

0

29

”

22

7

3

23

8

9

30

”

22

2

7

23

4

6

31

”

21

17

10

23

0

2

32

”

21

13

0

22

15

9

33

’

21

8

0

22

11

3

34

”

21

2

11

22

6

8

35

”

20

17

9

22

2

0

36

”

20

12

5

21

17

3

37

”

20

6

11

21

12

6

38

”

20

1

4

21

7

6

39

”

19

15

7

21

2

6

40

”

19

9

20

17

5

41

”

19

3

9

20

12

2

42

”

18

17

7

20

6

10

43

”

18

11

4

20

1

5

44

”

18

5

0

19

15

9

45

”

17

18

5

19

10

0

46

”

17

11

8

19

4

2

47

”

17

4

10

18

1

48

”

16

17

10

18

11

49

”

16

10

7

18

5

7

ISB Act 1934-03-22

Schedule 5 WORKMEN'S COMPENSATION ACT, 1934 Open official source

FIFTH SCHEDULE. Provisions as to Payments into Court and Investment.

Provisions as to Payments into Court and Investment.

1. Any sum, other than the children's lump sum, paid into Court under this Act shall, subject to Rules of Court and the provisions of this Schedule, be invested, applied, or otherwise dealt with by the Court in such manner as the Court in its discretion thinks fit for the benefit of the person entitled thereto under this Act.

2. In the event of the death of any person (in this and the next following paragraph referred to as a deceased dependant) entitled as dependant to money which is or is part of the adults' lump sum paid into Court under this Act, then, if no order has been theretofore made by the Court as to the disposition thereof for the benefit of other dependants, in the event of the death of such deceased dependant the Court may, subject to the provisions of the next following paragraph, without requiring representation to be raised to the estate of such deceased dependant distribute such sum amongst such persons as appear to the Court, upon such evidence as the Court may deem satisfactory, to be entitled by law to receive the same or if such deceased dependant is illegitimate and dies intestate, amongst the persons who in the opinion of the Court would have been entitled thereto if such deceased dependant had been legitimate, and if there are no persons who (as the case may be) appear to be so entitled as aforesaid or would have been so entitled as aforesaid, the Court shall pay such sum to the Minister for Finance for payment into or disposal for the benefit of the Exchequer.

3. Where the principal value of the estate of a deceased dependant exceeds one hundred pounds, any sum paid under the foregoing paragraph without the production of probate or letters of administration, shall be liable to estate duty as part of the amount on which that duty is charged, and the Court shall, before making any such payment, require either a statutory declaration by the claimant, or by one of the claimants, that the principal value of the estate of such deceased dependant, including the sum in question, does not, after deduction of debts and funeral expenses, exceed the value of one hundred pounds, or the production of a letter or certificate from the Revenue Commissioners stating either that all the duties payable in respect of the sum in question have been paid or that no duty is payable thereon.

4. (1) Where two or more juvenile dependants are entitled to the benefit of the children's lump sum, the Court shall, after determining the amount thereof, divide and allocate the said lump sum amongst such juvenile dependants in proportion to the number of complete calendar months which must elapse between the date of such allocation and the date on which each such juvenile dependant would respectively attain the age of fifteen years.

(2) References in this Schedule to the share of a juvenile dependant shall be construed—

(a) where there are two or more juvenile dependants entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum allotted under this paragraph to each such juvenile dependant and for the time being unapplied;

(b) where there is only one juvenile dependant entitled to the benefit of the children's lump sum, as references to the amount of the children's lump sum for the time being unapplied;

5. (1) The Court shall order the share of each juvenile dependant to be paid out for the benefit of such juvenile dependant during the period which must elapse between the date on which the share of such juvenile dependant is first ascertained and the attainment of the age of fifteen years by such juvenile dependant.

(2) In making any order for the payment of any share or part of a share of any juvenile dependant the Court may direct that such payment shall be made in instalments of equal or unequal amounts at regular intervals or fixed dates and may order that the payment of any such instalments shall cease at the expiration of a term fixed or on the happening of an event specified in such order.

6. In the event of the death under fifteen of a juvenile dependant entitled to a share (in this paragraph referred to as the first-mentioned share) the following provisions shall have effect, that is to say:—

(a) if such juvenile dependant leaves one person only under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived), the first-mentioned share shall be added to and form part of the share of such person;

(b) if such juvenile dependant leaves two or more persons under the age of fifteen who are each entitled to a share (derived out of the children's lump sum out of which the first-mentioned share was derived) the Court shall divide and allocate the first-mentioned sum amongst such persons in proportion to their respective original shares, and the amount allocated to any such person shall be added to and form part of the original share of such person;

(c) if such juvenile dependant leaves no person under the age of fifteen who is entitled to a share (derived from the children's lump sum from which the first-mentioned share was derived) the said first-mentioned share shall be paid to the next of kin of such juvenile dependant.

7. Where the share or part of the share of a juvenile dependant is for the time being invested any moneys arising from such investment shall be added to and form part of such share.

8. Rules of Court may provide for the transfer of money paid into Court under this Act from one Judge of the Circuit Court to another Judge of the Circuit Court.

9. Any sum which under this Schedule is ordered to be invested may be invested in whole or in part in the Post Office Savings Bank or in Savings Certificates by the county registrar in his name as county registrar.

10. Any sum to be so invested may be accepted by the Minister for Posts and Telegraphs as a deposit in the name of the county registrar as such, and the provisions of any statute or regulations respecting the limits of deposits in savings banks, and the declaration to be made by a depositor, shall not apply to such sums.

11. No part of any money invested in the name of a county registrar in the Post Office Savings Bank or in Savings Certificates under this Act shall be paid out, except upon authority addressed to the Minister for Posts and Telegraphs by a Judge of the Circuit Court or such county registrar.

12. Any person deriving any benefit from any moneys invested in a post office savings bank under the provisions of this Act may, nevertheless, open an account in a post office savings bank or in any other savings bank in his own name without being liable to any penalties imposed by any enactment in respect of the opening of accounts in two savings banks, or of two accounts in the same savings bank.

ISB Act 1934-03-22

Schedule 6 WORKMEN'S COMPENSATION ACT, 1934 Open official source

SIXTH SCHEDULE. Industrial Diseases.

Industrial Diseases.

Description of Disease

Description of Process

(1)

(2)

Anthrax

Handling of wool, hair, bristles, hides and skins.

Lead poisoning or its sequel

Any process involving the use of lead or its preparations or compounds.

Mercury poisoning or its sequel

Any process involving the use of mercury or its preparations or compounds.

Phosphorus poisoning or its sequel

Any process involving the use of phosphorus or its preparations or compounds.

Arsenic poisoning or its sequel

Any process involving the use of arsenic or its preparations or compounds.

Ankylostomiasis

Mining.

Poisoning by benzene and its homologues, or the sequel.

Handling benzene or any of its homologues, or any process in the manufacture or involving the use thereof.

Poisoning by nitrous fumes or its sequel.

Any process in which nitrous fumes are evolved.

Dermatitis produced by dust or liquids

_______

Epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.

Handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances.

Cataract in glassworkers

Any process in the manufacture of glass involving exposure to the glare of molten glass.

Where regulations or special rules made under any British Statute or Act of the Oireachtas for the protection of persons employed in any industry against the risk of contracting lead poisoning require some or all of the persons employed in certain processes specified in the regulations or special rules to be periodically examined by a certifying or other surgeon, then, in the application of this Schedule to that industry, the expression “process” shall, unless the Minister otherwise directs, include only the processes so specified.

WORKMEN'S COMPENSATION ACT, 1934

Table of Provisions (6)

Statutory Text (6 Articles)

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