The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter.

  • United Kingdom
Date:
1946
Catalogue details

Licence: Public Domain Mark

Credit: The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter. Source: Wellcome Collection.

    29/252 (page 19)
    The above decisions, though still relevant when considering what is covered by section 7 (1) of the 1946 Act as being an accident “ arising out of and in the course of the employment ’”’, will not usually need to be referred to in future because of the express provisions of section 10 of the 1946 Act. This provides that an accident happening to an insured person in or about any premises at which he is for the time being employed for the purposes of the employer’s trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be, or possibly to be, injured or imperilled, or otherwise to avert or minimise serious damage to property. It will be observed that this new provision is wider than the exception _established by the cases under the Workmen’s Compensation Acts. What is meant by “emergency ”’ is not defined. In Menzies v: Quibban (1900), 2 F. 782 (unskilled labourer assisting machinist in replacing belt) it was said that ““ emergency ’’ meant “ something which occurred unexpectedly. It does not necessarily mean an occurrence giving rise to great danger ”’. This was approved and followed by the Court of Appeal in Dermody v. Higgs and Hill, [1987] 4 All E.R. 879 ; Digest Supp., and would appear to apply to section 10, post. It will, however, be observed that if an Ne. person is relying on section 10 of the Act it must be shown— (i) that the accident happened in or about premises at which he was for the time being employed for the purposes of his employer’s trade or business ; and (ii) that there was an actual or supposed emergency at those premises ; and (iii) that the insured person was taking steps to rescue, succour or protect persons who were, or were oo to be, or possibly to be, seriously injured or imperilled ; (iv) that he was taking steps to avert or minimise serious damage to property. Conditions (iii) and (iv), which are alternatives, would appear to exclude cases like Dermody v. Higgs and Hill, supra, from section 10, post. Indeed section 10 is not needed in such cases: it is in the real emergency cases only that it need be relied upon, and in such cases it appears to be immaterial under the section whether the persons to be rescued, succoured or’ protected are fellow servants, or whether the property from which serious damage is averted is the employer’s property or not. The Basic Benefits The essential difference so far as benefits are concerned between the _ new Industrial Injuries Scheme and the Workmen’s Compensation Acts is that in future benefits will be related solely to the degree of disability suffered, and not to loss of earning power, which was formerly the case (see p. 8, ante). In ascertaining the amount of the appropriate total benefit account is also taken of the insured person’s responsibilities in regard to dependants. There are three types of benefit provided for :— 1. Industrial injury benefit, which is referred to in the Act as “ injury benefit ’’. 9. Industrial disablement benefit, which is referred to in the Act as “ disablement benefit ”’ 8. Industrial death benefit, which j is referred to in the Act as “‘ death benefit ”’