工人赔偿法

D. H. Pettitt
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引用次数: 0

摘要

大多数人都记得,1906年的《工人赔偿法》是关于同一主题的先前法定规定的延伸。第一部《工人赔偿法》于1897年通过,并于1898年7月1日生效。该法确立了一个对英国法律学来说是新的原则,因为它规定一个人(雇主)有义务向另一个人(工人)支付金钱,而不包括任何合同义务,也不包括雇主的任何侵权行为或不当行为。也就是说,在存在雇主和工人关系的情况下,雇主有义务赔偿工人,至少部分赔偿因不幸事故或不幸造成的损失。事实上,该法案使雇主成为其工人的意外保险公司,其保险金额为工人工资的一半,并在工人死亡的情况下为其家属提供进一步的保险。这项法令本身和性质都是新的。它背离了以前所有被接受的原则。立法改革;它开创了雇主和工人关系的新时代。它实际上迫使一个阶级为了另一个阶级的利益而按规定的比例放弃自己的财产
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The Workmen's Compensation Act
IT will be within the recollection of most persons that the Workmen's Compensation Act of 1906 is an extension of a former statutory provision on the same subject. The first Workmen's Compensation Act was passed in the year 1897, and came into operation on the rst July 1898. That Act established a principle which was new to English jurisprudence, inasmuch as it imposed upon one person (the employer) an obligation to pay money to another person (the workman), apart from any contractual obligation, and apart from any tort or misfeasance on the part of the employer. That is to say, in cases where the relationship of employer and workman exists, the duty was and is cast upon the employer of compensating the workman, in part at least, for loss arising from misadventure or misfortune. The Act, in fact, made the employer an insurer of his workmen against accident, to the extent of half the workmen's wages, with a further provision for the dependents of the workman in case of death. This enactment was new both in itself and in its character. It constituted a departure from all previously accepted principles of. legislative reform; it initiated a new era in the relationship of employer and workmen. It actually compelled one class to part with its property in regulated proportions for the benefit of another
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