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who dies as the result of an occupational injury will
receive a pension of £240 os. od. per annum with
£33 i6s. od. for each of the first two qualified
children and £20 IDS. od. for each other qualified
child. (Section 17).
Medical care. The reasonable cost of medical
care incurred by a workman as the result of an
occupational injury or disease will be met from the
Occupational Injuries Fund to the extent of which
it is not met under the Health Acts or the Mental
Treatment Acts. (Section 26).
3.
Alternative
remedies:
Provision
is made
in
Section 34 of the Social Welfare Act 1952, for the
disregard,
in assessing damages in any action at
common law in respect of injury or disease, of any
benefit under that Act. Provision is also made in
Section 2 of the Civil Liability (Amendment) Act
1964, that in assessing damages in an action to
recover damages
in respect of a wrongful act
resulting in personal injury not causing death,
account shall not be taken of,
inter alia,
any pension,
gratuity or other like benefit payable under statute or
otherwise in consequence of the injury. At present,
however, where there is an action for damages, any
amounts actually paid as workmen's compensation
are deductible from any damages awarded. It is not
intended as a result of this scheme, to remove a
person's right to claim damages under the Civil
Liability Acts, 1961 and 1964, or otherwise at
common law, in respect of injuries caused by the
negligence of an employer or a third party, or that
benefits under this scheme will be reduced as a result
of any award of such damages. However, to prevent
double payment for the same need, it is provided in
Section 3 8 of the Bill that, notwithstanding Section
34 of the Social Welfare Act, 1952, and Section 2 of
the Civil Liability (Amendment) Act, 1964,
the
amount of injury benefit or disablement benefit
(disregarding any increase in respect of the need for
constant attendance) which has accrued or probably
will accrue to the injured person over the period of
five years from the cause of action will be taken into
account
in assessing damages under
the Civil
Liability Acts, 1961 and 1964, or otherwise at
common law. The limit of five years over which the
value of benefits is to be calculated is necessary as it
would be generally impracticable for a Court or Jury
to estimate equitably the probable value of occupa
tional injury benefits, account of possible variations
in degrees of disablement, dependence, incapacity for
work, cost of living etc. over a longer period.
Provision is already made in Section 50 of the Civil
Liability Act, 1961, that in assessing damages in a
case in which death occurs account shall not be
taken of any pension, gratuity, or other like benefit,
payable under statute or otherwise in consequence
of the death of the deceased. It is not proposed to
interfere with this provision, except to provide that
death benefit by way of a funeral grant may be taken
into account in assessing damages. Provision accor
dingly is made in Section 38.
It is suggested that this section should be carefully
considered both by the Council and the Bar Council.
It differs in some respects from the corresponding
sections in the English Law Reform (Personal
Injuries) Act, 1948, and the Law Reform (Mis
cellaneous Provisions) Act. (Northern Ireland), 1948.
In England and Northern Ireland only
one half oi
the
value of any statutory rights under the Industrial
Injuries scheme is to be taken into account in
assessing damages at common law. Under the present
Bill the whole value of any rights which have so
accrued for a period of five years is to be taken into
account against common law damages. The relevant
sections are appended for comparison. The present
Bill is less favourable to an injured workman than
the corresponding legislation in Northern Ireland
and Great Britain.
Social Welfare
(Occupational Injuries) Bill,
1965,
Section
38.
(1) Notwithstanding section 2 of the Civil Liability
(Amendment) Act, 1964, and section 34 of the Prin
cipal Act, in an action for damages for personal
injuries (including any such action arising out of a
contract), there shall in assessing those damages be
taken into account, against any loss of earnings or
profits which has accrued or probably will accrue to
the injured person from the injuries, the value of any
rights which have accrued or probably will accrue to
him therefrom in respect of injury benefit or disable
ment benefit (disregarding any increase thereof under
section 13 of this Act in respect of constant
attendance) for the five years beginning with the
time when the cause of action accrued.
(2) The reference in subsection (i) of the section
to assessing the damages for personal injuries shall,
in cases where the damages otherwise recoverable
are subject to reduction under the law relating to
contributory negligence or are limited by or under
any Act or by contract, be taken as referring to the
total damages which would have been recoverable
apart from the reduction or limitation.
(3) Notwithstanding section
50 of the Civil
Liability Act, 1961, in assessing damages in respect
of a person's death under Part IV of that Act account
may be taken of any death benefit, by way of grant
under section 22 of this Act in respect of funeral
expenses, resulting from that person's death.
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