Workmens compensation and the State insurance scheme

Following the decision in Young v. Bristol Aeroplane Company Limited [1944] 2 All ER 293 it became established that a workman was precluded from pursuing a claim at common law even where he did not know of his right to elect if he had in fact accepted weekly payments imder the Workmen s Compensation scheme. The Workmen s Compensation insurance policies issued at that time indemnified the insured against his liability to pay compensation under the Workmen s Compensation Act, the Employer s Liability Act 1880 and the Factories Act 1846 or at common law in the event of personal injury to any employee arising out of and in the course of his employment. 

The introduction of the State scheme by the National Insiuance (Industrial Injuries) Act 1946 can be considered as a compromise between the complete abolition of the common law system with its requirement of proof of fault on the part of the employer and the differing opinions of the type of accident insurance which would be most desirable. 

There are many cases involving tire question whether an act of an employee arises out of and in the course of his emplo5nnent especially under the State insurance scheme and while these are beyond the scope of this text they may be studied in detail elsewhere. For a decision on the topic illustrating some of the problem areas see Nancollas v. Insurance Officer and Ball v. Insurance Officer [1985] 1 All ER 833. 

An employee suffering from the effects of an accident at work or from a prescribed disease may be entitled to a range of benefits determined by the current Social Security Act and supporting Regulations. The benefite may include  

1 Statutory Sick Pay (SSP) - The Social Security and Housing Benefit Act 1982 introduced the concept of statutory sick pay payable by the employer for the first eight weeks of absence due to injury or siclmess. From 6 April 1986 the period of payment was extended to 28 weeks. Payment is subject to taxation. While receiving SSP there is no right to claim incapacity benefit. 

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