S.I. No. 41/1935 - Workmen's Compensation Act, 1934 (Notice of Accident and Diseases) Order, 1935.

1. In order to obtain compensation under the Act, a member of the crew who is disabled by an accident must, unless the accident happened and the disablement commenced on board the ship, give notice of the accident as soon as possible.

2. The notice of the accident must be given in writing to the employer or to the master of the ship or to any officer under whose supervision the seaman is employed, or to any person designated by the employer for the purpose.

3. The notice should give the name and address of the person injured and should state in ordinary language the cause of the injury and the date on which the accident happened.

4. Failure to give notice of the accident as required, will, except in certain circumstances as set out in the Act, debar the seaman from taking proceedings for the recovery of compensation under the Act.

5. Proceedings for the recovery of compensation for an injury must be taken within six months from the occurrence of the accident causing the injury, or, if the accident is a fatal one, within six months after news of the death has been received by the persons claiming as dependants of the deceased seaman.

6. Failure so to commence proceedings for the recovery of compensation will not be a bar to maintenance of such proceedings if it is found that the failure was due to mistake, absence from, Saorstát Eireann, or other reasonable cause.

7. Where an injured master, seaman or apprentice is discharged or left behind abroad, the Act provides that depositions respecting the circumstances and nature of the injury may be taken by certain persons. Under the present law the persons before whom such depositions may be made are the following :—

(a) the persons to whom

Section 2

of the

Commissioners for Oaths (Diplomatic and Consular) Act, 1931

applies, and

(b) the persons mentioned in Section 6 of the Commissioners for Oaths Act, 1889.

Depositions so taken will be evidence in support of the claim for compensation.

WORKMEN OTHER THAN MEMBERS OF THE CREW.

8. The Workmen's Compensation Act applies to persons, other than a master, seaman or apprentice to the sea service or the sea fishing service, who are employed on board the ship, if they are so employed for the purposes of the ship or of any passenger or cargo or mails carried by the ship, and if they are otherwise " workmen " within the meaning of the Act.

9. Any person so employed should give notice of the accident as soon as possible after it happens.

10. Such notice must be given in writing to the employer, or to any officer or official under whose supervision the workman is employed, or to any person designated for the purpose by the employer.

11. The notice should give the name and address of the person injured and should state in ordinary language the cause of the injury and the date on which the accident happened.

12. The claim for compensation should be served on the employers.

13. Failure to commence proceedings for the recovery of compensation within six months from the date of the accident or death, as the case may be, will be a bar to such proceedings unless it is found that the failure was due to mistake, absence from Saorstát Eireann or other reasonable cause.

STATUTORY RULES AND ORDERS. 1935. No. 41.

WORKMEN'S COMPENSATION ACT, 1934 (NOTICE OF ACCIDENT AND DISEASES) ORDER, 1935.

WORKMEN'S COMPENSATION ACT, 1934

(NOTICE OF ACCIDENT AND DISEASES) ORDER, 1935, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE PURSUANT TO

SECTION 11

of THE

WORKMEN'S COMPENSATION ACT, 1934

(No. 9 of 1934).

WHEREAS it is enacted by

Section 11

of the

Workmen's Compensation Act, 1934

, that the Minister for Industry and Commerce may by order make regulations in respect of any matter or thing which is referred to in the said Act as prescribed or to be prescribed.

AND WHEREAS it is enacted by Section 29 of the said Act that there shall be kept constantly posted up in some conspicuous place at or near every mine, quarry, factory or workshop where it may be conveniently read by the persons employed therein, a summary in the prescribed form of the provisions of this Act with regard to a notice of accident and the procedure to be followed in the case of industrial diseases.

NOW THEREFORE, the Minister for Industry and Commerce, in exercise of the power conferred on him by

Section 11

of the

Workmen's Compensation Act, 1934

, and of every and any other power him in this behalf enabling, makes the following Order, that is to say