Industrial and personal hygiene / by George M. Kober. A report of the committee on social betterment.

  • Kober, George M. (George Martin), 1850-1931
Date:
1908
Catalogue details

Licence: In copyright

Credit: Industrial and personal hygiene / by George M. Kober. A report of the committee on social betterment. Source: Wellcome Collection.

Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.

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    (a) All sums paid to the workmen as compensation since the date of the said certificate shall be deducted from the sums payable to the dependants. (b) The payment shall, in case of death, be made to the legal personal repre- sentative of the workingman, or, if he has no legal personal representative, to or for the benefit of his dependants, or, if he leaves no dependants, to the person to whom the expenses are due; and if made to the legal personal representative shall be paid by him to or for the benefit of the dependants or other person entitled thereto. ,, (c) Any question as to who is a dependant, or as to the amount payable to each dependant, shall in default of agreement be settled by arbitration as herein- after provided in clause 9. . • j {d) The sum allotted as compensation to a dependant may be invested or otherwise appHed for the benefit of the person entitled thereto, as agreed, or as ordered by the arbitrator. . (e) Any sum which is agreed or is ordered by the arbitrator to be invested may be invested in whole or in part in the post-office savings bank. 3. Where a workman has been suspended and certified as provided in Condi- tion I, and while he is totally or partially prevented from earning a living by reason of such suspension, he shall be entitled to a weekly payment not ex- ceeding fifty per cent of his average weekly earnings at the time of such sus- pension, such payment not to exceed £1 [$4-87] • The average may be taken oyer such period, not exceeding twelve months, as appears fair or reasonable having regard to all the circumstances of the case. 4. In fixing these weekly payments, regard shall be had to the difference between the amount of the average weekly earnings of the workman at the time of his suspension and the average amount, if any, which it is estimated that he will be able to earn afterwards in any occupation or employment, and to any payments (not being wages) which he may have received from the employer in respect of the suspension, and to all the circumstances of the case, including his age and expectation of life. 5. If it shall appear that any workman has persistently disobeyed the special rules or the directions given for his protection by his employers, and that such disobedience has conduced to his suspension, or has not presented himself for examination by the certifying surgeon, or has failed to give full information and assistance as provided in Condition 6, his conduct may be taken into con- sideration in assessing the amount of the weekly payments. 6. It shall be the duty of every workman at all times to submit to medical examination when required and to give full information to the certifying sur- geon and to assist to the best of his power in the obtaining of all facts necessary to enable his physical condition to be ascertained. 7. Any weekly payment may be reviewed at the request either of the em- ployer or of the workman, and on such review may be ended, diminished, or in- creased, subject to the maximum above provided, and the amount of payment shall, in default of agreement, be settled by arbitration. 8. Any workman receiving weekly payments under this scheme shall submit himself if required for examination by a duly qualified medical practitioner pro- vided and paid by the employer. If the workman refuses to submit himself to such examination or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place. 9. If any dispute shall arise as to any certificate of the certifying surgeon or as to the amount of compensation payable as herein provided, or otherwise in relation to these provisions, the same shall be decided by an arbitrator to be appointed by the employer and workman, or in default of agreement by the secretary of state. The said arbitrator shall have all the powers of an arbitra- tor under the Arbitration Act, and his decision shall be final. The fee of the arbitrator shall be fixed by the secretary of state, and shall be paid as the arbitrator shall direct. 10. No compensation shall be payable under these provisions unless notice of claim in writing is made within six weeks of the date of the certificate of suspension, or of the death, provided that the want of such notice shall not bar the claim if in the opinion of the arbitrator there was reasonable excuse for the want of it.
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