ABSTRACT
The first Workmen’s Compensation Act was passed in 1897 (eventually consolidated in the Workmen’s Compensation Act 1925) and, as an alternative to a workman’s rights at common law, imposed on the employer an obligation to pay compensation automatically in the event of a workman sustaining an accident in the course of his employment. There was no requirement of fault, the legislation being introduced to provide compensation where the workman was injured in purely accidental circumstances with no blame attaching to anyone and resembled therefore an insurance scheme. The system was operated with recourse to the County Court in the event of any dispute arising and facilitated a cheap and relatively quick payment of compensation. The amount of compensation was expressed as a weekly sum and was based on the average wage earnings during the previous 12 months with the employer whereas at common law if successful in establishing liability a workman was awarded a lump sum by way of damages. The workman did, however, have to elect between claiming at common law or claiming under the Workmen’s Compensation Act.
