The Gazette 1964/67

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. 40