FOOTNOTES:

[1] Bryce points out, with much subtlety and truth, that the rise of

a second Rome in the East not only helped to perpetuate the Empire by

providing a new centre which would take the place of Rome when Rome

fell, but also tended to make it more universal; "for, having lost

its local centre, it subsisted no longer by historic right only, but,

so to speak, naturally, as a part of an order of things which a

change in external conditions seemed incapable of disturbing" (_Holy

Roman Empire_, p. 8 of the edition of 1904).

[2] The _de facto_ importance of the event of 476 can only be seen in

the light of later events, and it was not therefore noticed by

contemporaries. Marcellinus is the only contemporary who remarks on

its importance, cf. _Marcellini Chronicon_ (_Mon. Germ. Hist.,

Chronica minora._ ii. 91), _Hesperium Romanae gentis imperium ... cum

hoc Augustulo periit ... Gothorum dehinc regibus Romam tenentibus._

[3] A passage in Malchus, a Byzantine historian (quoted by Bryce,

_Holy Roman Empire_, p. 25, note _u_, in the edition of 1904),

expresses this truth exactly. The envoys sent to Zeno by Odoacer urge

[Greek: os hidias men autois basileias ou deoi koinos de hapochresei

monos on autokrator hep amphoterois tois perasi]. The envoys then

suggest the name of Odoacer, as one able to manage their affairs, and

ask Zeno to give him, _as an officer of the Empire_, the title of

Patricius and the administration of Italy.

[4] According to the view here followed, the Church was the ark in

which the conception of Empire was saved during the dark ages between

600 and 800. Some influence should perhaps also be assigned to Roman

law, which continued to be administered during these centuries,

especially in the towns, and maintained the imperial tradition. But

the influence of the Church is the essential fact.

[5] In the 5th century the title _patricius_ came to attach

particularly to the head of the Roman army (_magister utriusque

militiae_) to men like Aetius and Ricimer, who made and unmade

emperors (cf. Mommsen, _Gesammelte Schriften_, iv. 537, 545 sqq.).

Later it had been borne by the Greek exarchs of Ravenna. The

concession to Pippin of this great title makes him military head of

the Western empire, in the sense in which the title was used in the

5th century; it makes him representative of the Empire for Italy, in

the sense in which it had been used of the exarchs.

[6] See the famous bull _Venerabilem_ (_Corp. Jur. Canon._ Decr.

Greg. i. 6, c. 34).

[7] Even on this view, an imperial coronation at the hands of the

pope was necessary to complete the title; but this was regarded by

the Germans (though not by the pope) as a form which necessarily

followed.

[8] It is a curious fact that imperial titles (_imperator_ and

_basileus_) are used in the Anglo-Saxon diplomata of the 10th

century. Edred, for instance (946-955) is "imperator," "cyning and

casere totius Britanniae," "basileus Anglorum hujusque insulae

barbarorum": Edgar is "totius Albionis imperator Augustus" (cf.

Stubbs, _Const. Hist._ i. c. vii. S 71). These titles partly show the

turgidity of English Latinity in the 10th century, partly indicate

the quasi-imperial position held by the Wessex kings after the

reconquest of the Dane-law. But there seems to be no real ground for

Freeman's view (_Norman Conquest_, i. 548 sqq.), that England was

regarded as a third Empire, side by side with the other Empires of

West and East Europe. That the titles were assumed in order to

repudiate possible claims of the Western Empire to the overlordship

of England is disproved by the fact that they are assumed at a time

when there is no Western emperor. The assumption of an imperial style

by Henry VIII., which is mentioned below, is explained by the

Reformation, and does not mean any recurrence to a forgotten

Anglo-Saxon style.

[9] It is in virtue of this aspect that the Empire is holy. The term

_sacrum imperium_ seems to have been first used about the time of

Frederick I., when the emperors were anxious to magnify the sanctity

of their office in answer to papal opposition. The emperor himself

(see under EMPEROR) was always regarded, and at his coronation

treated, as a _persona ecclesiastica_.

[10] The emperor claimed suzerainty over the greater part of Europe

at various dates. Hungary and Poland, France and Spain, the

Scandinavian peninsula, the British Isles, were all claimed for the

Empire at different times (see Bryce, _Holy Roman Empire_, c. xii.).

The "effective" empire, if indeed it may be called effective,

embraced only Germany, Burgundy and the _regnum Italiae_ (the old

Lombard kingdom in the valley of the Po).

[11] Cf. the Act 25 Henry VIII. c. 22, S 1: "the lawful kings and

emperors of this realm."

[12] The Papacy, consistent to the last, formally protested at the

Congress of Vienna in 1815 against the failure of the Powers to

restore the Holy Roman Empire, the "centre of political unity" (Ed.).

[13] The Turks, occupying Constantinople, have also claimed to be the

heirs of the old emperors of Constantinople; and their sultans have

styled themselves _Keisar-i-Rum_.

[14] This does not, of course, apply to Hungary, which since 1867 has

not formed part of the Austrian empire and is ruled by the head of

the house of Habsburg not as emperor, but as king of Hungary.

EMPIRICISM (from Gr. [Greek: empeiros], skilled in, from [Greek: peira],

experiment), in philosophy, the theory that all knowledge is derived

from sense-given data. It is opposed to all forms of intuitionalism, and

holds that the mind is originally an absolute blank (_tabula rasa_), on

which, as it were, sense-given impressions are mechanically recorded,

without any action on the part of the mind. The process by which the

mind is thus stored consists of an infinity of individual impressions.

The frequent or invariable recurrence of similar series of events gives

birth in the mind to what are wrongly called "laws"; in fact, these

"laws" are merely statements of experience gathered together by

association, and have no other kind of validity. In other words from the

empirical standpoint the statement of such a "law" does not contain the

word "must"; it merely asserts that such and such series have been

invariably observed. In this theory there can strictly be no

"causation"; one thing is observed to succeed another, but observations

cannot assert that it is "caused" by that thing; it is _post hoc_, but

not _propter hoc_. The idea of _necessary_ connexion is a purely mental

idea, an a priori conception, in which observation of empirical data

takes no part; empiricism in ethics likewise does away with the idea of

the absolute authority of the moral law as conceived by the

intuitionalists. The moral law is merely a collection of rules of

conduct based on an infinite number of special cases in which the

convenience of society or its rulers has subordinated the inclination of

individuals. The fundamental objection to empiricism is that it fails to

give an accurate explanation of experience; individual impressions as

such are momentary, and their connexion into a body of coherent

knowledge presupposes mental action distinct from mere receptivity.

Empiricism was characteristic of all early speculation in Greece. During

the middle ages the empiric spirit was in abeyance, but it revived from

the time of Francis Bacon and was systematized especially in the English

philosophers, Locke, Hume, the two Mills, Bentham and the associationist

school generally.

See ASSOCIATION OF IDEAS; METAPHYSICS; PSYCHOLOGY; LOGIC; besides the

biographies of the empirical philosophers.

_In medicine_, the term is applied to a school of physicians who, in the

time of Celsus and Galen, advocated accurate observation of the

phenomena of health and disease in the belief that only by the

collection of a vast mass of instances would a true science of medicine

be attained. This point of view was carried to extremes by those who

discarded all real study, and based their treatment on rules of thumb.

Hence the modern sense of empirical as applied to the guess work of an

untrained quack or charlatan.

EMPLOYERS' LIABILITY, and WORKMEN'S COMPENSATION.[1] The law of England

as to the liability of employers in respect of personal injuries to

their servants is regulated partly by the common law and partly by

statute; but by the Employers' Liability Act 1880, such exceptions have

been grafted upon the common law, and by the Workmen's Compensation Act

1906, principles so alien to the common law have been applied to most

employments that it is impossible now to present any view of this branch

of the law as a logical whole. All that can be done is to state the

nature of the liability at common law. the extension of it effected by

the Employers' Liability Act 1880, and the new liabilities introduced by

later acts.

Common law.

At common law the liability of a master is of a very limited character.

There is, of course, nothing to prevent a master and servant from

providing by special contract in any way they please for their mutual

rights in cases of personal injury to the servant. In such cases the

liability will depend upon the terms of the special contract. But apart

from any special agreement, it may be broadly stated that a master is

liable to his servants only for injuries caused by his own negligence.

Injuries to a servant may arise from accident, from the nature of the

service, or from negligence; and this negligence may be of the master,

of another servant of the master, or of a stranger. If the injury is

purely accidental the loss lies where it falls. If it arises from the

nature of the service, the servant must bear it himself; he has

undertaken a service to which certain risks are necessarily incident; if

he is injured thereby, it is the fortune of war, and no one can be made

responsible. If the injury is caused by the negligence of a stranger,

the servant has his ordinary remedy against the wrong-doer or any one

who is responsible as a principal for the conduct of the wrong-doer. If

it is caused by the negligence of a fellow-servant, he likewise has his

ordinary remedy against the actual wrong-doer; but, by virtue of what is

known as the doctrine of common employment, he cannot at common law make

the master liable as a principal. The only case (independently of modern

legislation: _see below_) in which he can recover damages from the

master is where the injury has been caused by negligence of the master

himself. A master is negligent if he fails to exercise that skill and

care which, in the circumstances of the particular employment, are used

by employers of ordinary skill and carefulness. If he himself takes part

in the work, he must act with such skill and care as may reasonably be

demanded of one who takes upon himself to do work of that kind. If he

entrusts the work to other servants, he must be careful in their

selection, and must not negligently employ persons who are incompetent.

He must take proper care so to arrange the system of work that his

servants are not exposed to unnecessary danger. If tools or machinery

are used, he must take proper care to provide such as are fit and proper

for the work, and must either himself see that they are maintained in a

fit condition or employ competent servants to do so for him. If he is

bound by statute to take precautions for the safety of his servants, he

must himself see that that obligation is discharged. For breach of any

of these duties a master is liable to his servant who is injured

thereby, but his liability extends no further.

Common employment.

That his obligations to a servant are so much less than to a stranger is

chiefly due to the doctrine of common employment. As a rule a master is

responsible for the negligence of his servant acting in the course of

his employment; but, from about the middle of the 19th century, it

became firmly rooted in the law that this principle did not apply where

the person injured was himself a servant of the master and engaged in a

common employment with the servant guilty of the negligence. In effect

this rule protects a master as against his servant from the consequences

of negligence on the part of any other of his servants; to this there is

no qualification except that, for the rule to apply, both the injured

and the negligent servant must be acting in pursuance of a common

employment. They must both be working for a common object though not

necessarily upon the same work.

It is not easy to define precisely what constitutes a common

employment in this sense, and there is peculiarly little judicial

authority as to the limit at which work for the same employer ceases

to be work in a common employment. It does not depend on difference in

grade; all engaged in one business, from the manager to the

apprentice, are within the rule. It does not depend on difference in

work, if the work each is doing is part of one larger operation; all

the servants of a railway company, whether employed on the trains, or

at the stations, or on the line, are in a common employment. It does

not necessarily depend on difference of locality; a servant who packs

goods at the factory and a servant who unpacks them in the shop may

well be in a common employment. On the other hand, it is not enough

that the two servants are working for the same employer, if there is

nothing in common between them except that they are making money for

the same man; apart from special circumstances, the crews of two ships

owned by the same company are probably not in common employment while

navigating their respective ships. The test in each case must be

derived from the view, invented by the courts, upon which the doctrine

was based, namely, that the servant by entering upon the service

consented to run all the risks incidental to it, including the risk of

negligence on the part of fellow-servants; if the relation between the

two servants is such that the safety of the one may, in the ordinary

course of things, be affected by the negligence of the other, that

negligence must be taken to be one of the risks of the employment

assented to by the servant, and both are engaged in a common

employment. In ninety-nine cases out of a hundred it will be found

that the doctrine is applicable, and the master protected from

liability. It is thus seen that, in general, no action will lie

against a master at the suit of his servant, unless the servant can

prove personal negligence on the part of the master causing injury to

the servant. And in such action the master may avail himself of those

defences which he has against a stranger. He may rely upon

contributory negligence, and show that the servant was himself

negligent, and that, notwithstanding the negligence of the master, the

injury was proximately caused by the negligence of the servant. Or

(except in cases where the injury results from a breach of a statutory

duty) he may prove such facts as establish the defence expressed in

the maxim, _volenti non fit injuria_; that is, he may prove that the

injured servant knew and appreciated the particular risk he was

running, and incurred it voluntarily with full understanding of its

nature. Mere knowledge on the part of the servant, or even his

continuing to work with knowledge, does not necessarily establish this

defence; it must be knowledge of such a kind and in such circumstances

that it can be inferred that the servant contracted to take the risk

upon himself. The action at common law is subject to the general rule

that personal actions die with the person; except so far as the remedy

for money loss caused by death by negligence has been preserved in

favour of a husband or wife and certain near relatives, under Lord

Campbell's Act (Fatal Accidents Act 1846).

The act of 1880.

Such was the law up to 1880. So long as industry was conducted on a

small scale, and the master worked with his men, or was himself the

manager, its hardship was perhaps little felt; his personal negligence

could in many cases be established. But with the development of the

factory system, and the ever-growing expansion of the scale on which all

industries were conducted, it became increasingly difficult to bring

home individual responsibility to the employer. As industry passed

largely into the control of corporations, difficulty became almost

impossibility. The employer was not liable to a servant for the

negligence of a fellow-servant, and therefore, in most cases of injury,

was not liable at all. It is not surprising that the condition of things

thus brought about, partly by the growth of modern industry and partly

by the decisions of the courts, caused grave dissatisfaction. The

justice of the doctrine of common employment was vigorously called in

question. In the result the Employers' Liability Act 1880 was passed.

The effect of this act is to destroy the defence of common employment in

certain specified cases. It does not abolish the doctrine altogether,

nor, on the other hand, does it impose upon the master any new standard

of duty which does not exist as regards strangers. All that it does is

to place the servant, in certain cases, in the position of a stranger,

making the master liable for the negligence of his servants

notwithstanding the fact that they are in common employment with the

servant injured. It is still necessary under the act, as at common law,

to prove negligence, and the master may still rely upon the defences of

contributory negligence and _volenti non fit injuria_. But under the act

he cannot, as against the workmen who come within it and in the cases to

which it applies, set up the defence that the negligence complained of

was the negligence of a servant in a common employment. The act does not

apply to all servants. It does not apply to domestic or menial servants,

or to seamen, or to any except railway servants and "any person who,

being a labourer, servant in husbandry, journeyman, artificer,

handicraftsman, miner, or otherwise engaged in _manual_ labour ... has

entered into or works under a contract with an employer, whether the

contract be oral or in writing, and be a contract of service or a

contract personally to execute any work or labour." Whether a servant,

not being one of those specially named, is within the act depends on

whether manual labour is the real and substantial employment, or whether

it is merely incidental thereto; thus a carman who handles the goods he

carries may be within the act, but a tramcar driver or an omnibus

conductor is not. The act does not make the master liable for the

negligence of all his servants, but, speaking generally, only for the

negligent discharge of their duties by such as are entrusted with the

supervision of machinery and plant, or with superintendence, or the

power of giving orders, with the addition, in the case of a railway, of

the negligence of those who are given the charge or control of signals,

points, locomotive engines or trains. The cases dealt with by the act

are five in number; in the first and fourth the words are wide enough to

include negligence of the employer himself, for which, as has been seen,

he is liable at common law. In such instances the workman has an

alternative remedy either at common law or under the act, but in all

other respects the rights given by the act are new, being limitations

upon the defence of common employment, and can be enforced only under

the act.

The first case is where the injury is caused by reason of any defect

in the condition of the ways, works, machinery or plant connected with

or used in the business of the employer, provided that such defect

arises from, or has not been discovered or remedied owing to the

negligence of the employer, or of some person in the service of the

employer and entrusted by him with the duty of seeing that the ways,

works, machinery or plant are in proper condition. The second case is

where the injury is caused by reason of the negligence of any person

in the service of the employer who has any superintendence entrusted

to him (that is, a person whose sole or principal duty is that of

superintendence, and who is not ordinarily engaged in manual labour)

whilst in the exercise of such superintendence. The third case is

where the injury is caused by reason of the negligence of any person

in the service of the employer to whose orders or directions the

workman at the time of the injury is bound to conform and does

conform, where such injury results from his so conforming. The fourth

case is where the injury is caused by reason of the act or omission of

any person in the service of the employer done or made in obedience to

the rules or by-laws of the employer, or in obedience to particular

instructions given by any person delegated with the authority of the

employer in that behalf, provided that the injury results from some

impropriety or defect in such rules, by-laws or instructions. The

fifth case is where the injury is caused by reason of the negligence

of any person in the service of the employer who has the charge or

control of any signal, points, locomotive engine or train upon a

railway.

In all these cases it is provided that the employer shall not be liable

if it can be shown that the workman knew of the defect or negligence

which caused his injury, and failed within a reasonable time to give, or

cause to be given, information thereof to the employer or some person

superior to himself in the service of the employer, unless he was aware

that the employer or such superior already knew of the said defect or

negligence. It was inevitable that these provisions should call for

judicial interpretation, and a considerable body of authority has grown

up about the act. Where general words are used, it must always occur

that, between the cases which are obviously within and those which are

obviously without the words, there are many on the border line. Thus,

under the act, the courts have been called upon to determine the precise

meaning of "way," "works," "machinery," "plant," and to say what is

precisely meant by a "defect" in the condition of each of them. They

have had to say what is included in "railway" and in "train," what is

meant by having "charge" or "control," and to what extent one whose

principal duty is superintendence may participate in manual labour

without losing his character of superintendent, and what is the precise

meaning of negligence in superintendence. These are only illustrations

of many points of detail which, having called for judicial

interpretation, will be found fully dealt with in the text-books on the

subject. A workman who, being within the act, is injured by such

negligence of a fellow-servant as is included in one or other of the

five cases mentioned above, has against his employer the remedies which

the act gives him. These are not necessarily the same as those which a

stranger would have in the like circumstances; the amount of

compensation is not left at large for a jury to determine, but is

limited to an amount not exceeding such sum as may be found to be

equivalent to the estimated earnings, during the three years preceding

the injury, of a person in the same grade employed during those years

in the like employment and in the district in which the workman is

employed at the time of the injury. Moreover, the right to recover is

hedged about with technicalities which are unknown at the common law;

proceedings must be taken in the county court, within a strictly limited

time, and are maintainable only if certain elaborate provisions as to

notice of injury have been complied with. Where the injury causes death

the action is maintainable for the benefit of the like persons as are

entitled under Lord Campbell's act in an action at common law.

Acts of 1897 to 1906.

The law continued in this condition up to 1897. In the majority of cases

of injury to a servant, the doctrine of common employment still

protected the master; and where, under the Employers' Liability Act, it

failed to do so, the liability was of a limited character and often,

owing to technicalities of procedure, difficult to enforce. Moreover,

there is nothing in the act to prevent master and servant from entering

into any special contract they please; and in many trades it became a

common practice for contracts to be made wholly excluding the operation

of the act. In 1893 an attempt was made to alter the law by a total

abolition of the defence of common employment, so as to make a master as

liable to a servant as to a stranger for the negligence of any of his

servants acting in the course of their employment, and at the same time

to prohibit any agreements to forego the rights so given to the servant.

The bill did not become law, and no further change was made until, in

1897, parliament took the first step in what has been a complete

revolution in the law of employers' liability. Up to that year, as has

been seen, the foundation of a master's liability was negligence, either

of the master himself, or, in certain cases, of his servants. But by the

Workmen's Compensation Act 1897, a new principle was introduced, whereby

certain servants in certain employments were given a right to

compensation for injuries, wholly irrespective of any consideration of

negligence or contributory negligence. As regards such servants in such

employments the master was in effect made an insurer against accidental

injuries. The act was confessedly tentative and partial; it dealt only

with selected industries, and even within these industries was not of

universal application. But where it did apply, it gave a right to a

limited compensation in every case of injury by accident arising out of

and in the course of the employment, whether that accident had been

brought about by negligence or not, and whether the injured servant had

or had not contributed to it by his own negligence.

The act applied only to employment on, or in, or about certain

localities where, at the same time, the employer was what the act called

an "undertaker," that is, the person whose business was there being

carried on. If we wanted to know whether a workman was within the act,

we had to ask, first, was he employed on, or in, or about a railway, or

a factory, or a mine, or a quarry, or an engineering shop, or a building

of the kind mentioned in the act; secondly, was he employed by one who

was, in relation to that railway, &c., the undertaker as defined by the

act; and thirdly, was he at the time of the accident at work on, or in,

or about that railway, &c. Unless these three conditions were fulfilled

the employment was not within the act.

The employments to which the act applied comprised railways, factories

(which included docks, warehouses and steam laundries), mines,

engineering works and most kinds of buildings. "Workman" included every

person engaged in an employment to which the act applied, whether by

manual labour or otherwise, and whether his agreement was one of service

or apprenticeship or otherwise, expressed or implied, oral or in

writing.

By the Workmen's Compensation Act 1900, the benefits of the act of 1897

were extended to agricultural labourers.

The Workmen's Compensation Act 1906 (which came into force on the 1st of

July 1907) extended the right of compensation for injuries practically

to all persons in service, and also introduced many provisions not

contained in the acts of 1897 and 1900 (repealed). It does not apply to

persons in the naval or military service of the crown (s. 9), or persons

employed otherwise than by way of manual labour whose remuneration

exceeds two hundred and fifty pounds a year, or persons whose

employment is of a casual nature, and who are employed otherwise than

for the purposes of the employer's trade or business, or members of a

police force, or out-workers, or members of the employer's family

dwelling in his house. But it expressly applies to seamen.

Conditions of claim.

To entitle a workman engaged in an employment to which the act applies

to compensation all the following conditions must be fulfilled: (1)

There must be personal injury by accident. This will exclude injury

wilfully inflicted, unless the injury results in death or serious and

permanent disablement, but the act introduces a new provision by making

the suspension or disablement from work or death caused by certain

industrial diseases "accidents" within the meaning of the act. The

industrial diseases specified in the 3rd schedule of the act were

anthrax, ankylostomiasis, and lead, mercury, phosphorus and arsenic

poisoning or their sequelae. But S 8 of the act authorized the secretary

of state to make orders from time to time including other industrial

diseases, and such orders have embraced glass workers' cataract,

telegraphists' cramp, eczematous ulceration of the skin produced by dust

or liquid, ulceration of the mucous membrane of the nose or mouth

produced by dust, &c. To render the employer liable the workman must

either obtain a certificate of disablement or be suspended or die by

reason of the disease. If the disease has been contracted by a gradual

process, all the employers who have employed the workman during the

previous twelve months in the employment to which the disease was due

are liable to contribute a share of the compensation to the employer

primarily liable. (2) The accident must arise out of and in the course

of the employment. In each case it will have to be determined whether

the workman was at the time of the accident in the course of his

employment, and whether the accident arose out of the employment. It

will have to be considered when and where the particular employment

began and ended. Other difficulties have arisen and will frequently

arise when the workman at the time of the accident is doing something

which is no part of the work he is employed to do. So far as the

decisions have gone, they indicate that if what the workman is doing is

no act of service, but merely for his own pleasure, or if he is

improperly meddling with that which is no part of his work, the accident

does not arise out of and in the course of his employment; but if, while

on his master's work, he upon an emergency acts in his master's

interest, though what he does is no part of the work he is employed to

do, the accident does arise out of and in the course of his employment.

(3) The injury must be such as disables the workman for a period of at

least one week from earning full wages at the work at which he was

employed. (4) Notice of the accident must be given as soon as

practicable after the happening thereof, and before the workman has

voluntarily left the employment in which he was injured; and the claim

for compensation (by which is meant notice that he claims compensation

under the act addressed by the workman to the employer) must be made

within six months from the occurrence of the accident or, in case of

death, from the time of death. Want of notice of the accident or defects

in it are not to be a bar to proceedings, if occasioned by mistake or

other reasonable cause, and the employer is not prejudiced thereby. But

want of notice of a claim for compensation is a bar to proceedings,

unless the employer by his conduct has estopped himself from relying

upon it. (5) An injured workman must, if so required by the employer,

submit himself to medical examination.

When these conditions are fulfilled, an employer who is within the act

has no answer unless he can prove that the injury arose from the serious

and wilful misconduct of the workman. The precise effect of these terms

is not clear; but mere negligence is not within them.

Where the injury causes death, the right to compensation belongs to the

workman's "dependents"; that is, such of the members of the workman's

family as were at the time of the death wholly or in part dependent upon

the earnings of the workman for their maintenance. "Members of a family"

means wife or husband, father, mother, grandfather, grandmother,

step-father, step-mother, son, daughter, grandson, granddaughter,

step-son, step-daughter, brother, sister, half-brother, half-sister. The

act of 1906 makes also a very remarkable departure in including

illegitimate relations in the direct line among "dependents," for where

a workman, being the parent or grandparent of an illegitimate child,

leaves such a child dependent upon his earnings, or, being an

illegitimate child, leaves a parent or grandparent so dependent upon his

earnings, such child or parent is to be included in the "members of a

family."

Amount.

Under the act compensation is for loss of wages only, and is, as has

been said, based upon the actual previous earnings of the injured

workman in the employment of the employers for whom he is working at the

time of the injury. In case of death, if the workman leaves dependents

who were wholly dependent on his earnings, the amount recovered is a sum

equal to his earnings in the employment of the same employer during the

three years next preceding the injury, or the sum of L150, whichever is

the larger, but not exceeding L300; if the period of his employment by

the same employer has been less than three years, then the amount of his

earnings during the three years is to be deemed to be 156 times his

average weekly earnings during the period of his actual employment under

the said employer. If the workman leaves only dependents who were not

wholly dependent, the amount recovered is such sum as may be reasonable

and proportionate to the injury to them, but not exceeding the amount

payable in the previous case. If the workman leaves no dependents, the

amount recoverable is the reasonable expenses of his medical attendance

and burial, not exceeding L10. In case of total or partial incapacity

for work resulting from the injury, what is recovered is a weekly

payment during the incapacity after the second week not exceeding 50% of

the workman's average weekly earnings during the previous twelve months,

if he has been so long employed, but if not, then for any less period

during which he has been in the continuous employment of the same

employer; such weekly payment is not to exceed L1--and in fixing it

regard is to be had to the difference between the amount of his average

weekly earnings before the accident and the average amount which he is

able to earn after the accident. Any payments, not being wages, made by

the employer in respect of the injury must also be taken into account.

The weekly payment may from time to time be reviewed at the request of

either party, upon evidence of a change in the circumstances since the

award was made, and after six months may be redeemed by the employer by

payment of a lump sum. A workman is within the act although at the time

of the injury he has been in the employment for less than two weeks, and

although there are no actual earnings from the same employer upon which

a weekly average can be computed. But how are the average weekly

earnings which he would have earned from the same employer to be

estimated? The question must be determined as one of fact by reference

to all the circumstances of the particular case. Suppose the workman to

be engaged at six shillings a day and injured on the first day. If it

can be inferred that he would have remained in such employment for a

whole week, his average weekly earnings from the same employer may be

taken at thirty shillings. If it can be inferred that he would have

worked one day and no more, his average weekly earnings from the same

employer may be taken at six shillings.

All questions as to liability or otherwise under the act, if not settled

by agreement, are referred to arbitration in accordance with a scheme

prescribed by the act. Contracting out is not permitted, save in one

event: where a scheme of compensation, benefit or insurance for the

workmen of an employer has been certified by the Registrar of Friendly

Societies to be not less favourable to the workmen and their dependents

than the provisions of the act, and that where the scheme provides for

contributions by the workmen, it confers benefits at least equal to

those contributions, in addition to the benefits to which the workmen

would have been entitled under the act, and that a majority (to be

ascertained by ballot) of the workmen to whom the scheme is applicable

are in favour of it, the employer may contract with any of his workmen

that the provisions of the scheme shall be substituted for the act;

such certificate may not be for more than five years, and may in certain

circumstances be revoked. The act does not touch the workman's rights at

common law or under the Employers' Liability Act, but the workman, if

more than one remedy is open to him, can enforce only one. When the

circumstances create a legal liability in some other person, e.g. where

the injury is caused by the negligence of a sub-contractor or of a

stranger, in such cases the employer, if required to pay compensation

under the act, is entitled to be indemnified by such other person.

Under the Factory Acts, offences, when they result in death or bodily

injury to health, may be punished by fine not exceeding L100, and the

whole or any part of such fine may be applied for the benefit of the

injured person or his family, or otherwise as the secretary of state

determines. Similar provisions occur in the Mines Acts. Any sum so

applied must be taken into account in estimating compensation under

the Employers' Liability and Workmen's Compensation Acts.

Germany.

_Law in Other Countries._--In _Germany_ (q.v.) there is a system of

compulsory state insurance against accidents to workmen. The law dates

from 1884, being amended from time to time (1885, 1886, 1887, 1900,

1903) to embrace different classes of employment. Occupations are

grouped into (1) industry; (2) agriculture; (3) building; (4) marine, to

all of which one general law, with variations necessary to the

particular occupation in question, is applicable. There are also special

provisions for prisoners and government officials. Practically every

kind of working-man is thus included, with the exception of domestic

servants and artisans or labourers working on their own account. All

workmen and officials whose salary does not exceed L150 a year come

within the law. No compensation is payable where an accident is caused

through a person's own gross carelessness, and where an accident has

been contributed to by a criminal act or intentional wrongdoing the

compensation may be refused or only partially allowed. With these

exceptions, compensation for injury is payable in case of injury so long

as the injured is unfit to work; in case of total incapacity an

allowance is made equal to two-thirds of the injured person's annual

earnings, in case of partial incapacity, in proportion to the degree

that his wage-earning capacity has been affected. In case of death the

compensation is either burial money or an allowance to the family

varying in amount from 20 to 60% of the annual earnings according to

circumstances. The provision of compensation for accidents falls

entirely upon employers, and in order to lighten the burden thus falling

upon them, and at the same time to guard against the possible insolvency

of an individual employer, associations or self-administering bodies of

employers have been formed--usually all the employers of each particular

branch of industry in a district. These associations fix the amount of

compensation after each accident, and at the end of the year assess the

amount upon the individual employers. There is an appeal from the

association to an arbitration court, and in particularly complicated

cases there may be a further appeal to the imperial insurance

department. No allowance is paid until after the lapse of thirteen weeks

from the accident, and in the meantime the injured person is supported

from a sick fund to which the employers contribute one-third, the

employee contributing two-thirds. In Germany quite twelve millions of

workpeople are insured; in 1905 a sum of nearly eight millions sterling

was paid for accidents, and a million and a half to the families of

those killed in accidents.

Austria.

In _Austria_ the compulsory insurance of workmen was provided for by a

law of 1887, with subsequent amendments. Briefly, nearly every class of

industrial worker is included under the Austrian law, which is

administered by special territorial insurance institutions, each of them

embracing particular classes of industries or workers. The institutions

are managed by committees, one-third of the members of each committee

being chosen by the minister of the interior, one-third by the employers

and one-third by the workers. Compensation is payable, in case of

accidents, on a scale proportionate to the injured person's wages during

the preceding year. In case of death, a certain sum is paid for funeral

expenses, an annuity to the widow, if one is left, equal to 20% of the

deceased's annual wages--if the widow remarries, she receives a lump sum

equal to three annual payments in liquidation of the annuity--an annuity

to each legitimate child equal to 15%, or, if the child has no mother,

equal to 20% of the father's wages; an annuity to the father or mother,

if dependent on the deceased for support, equal to 20% of the annual

wages. As in the English act of 1906 illegitimate children are

recognized by being granted an annuity in the case of the death of a

father equal to 10% of his wages. In no case can the total amount of the

annuities exceed 50% of the deceased's annual wages. Where the accident

has resulted in total incapacity, the workman receives an annuity equal

to 60% of his wages. No allowance is paid until after the fourth week,

during which time the injured is supported by the sick-insurance

institutions. The provision for the system is raised by contributions to

the extent of nine-tenths by the employers and one-tenth by the workers,

deducted from their wages. Instead of the German method by which an

annual payment equal to the amount disbursed is required from each

employer, he is required to provide the full amount necessary for the

complete payment of the pension, this amount being placed to the credit

of a special insurance fund.

France.

In _France_ a system of compulsory state insurance against accidents was

created by a law of 1898. The principal feature in the French law is the

attempt to meet the possible insolvency of the employer by the

establishment of a special guarantee fund, created by a small addition

to the "business tax" (_contribution des patentes_), and, in the case of

the mining industry, by a small tax on mines.

Norway.

_Norway_, by a law of 1894, amended in 1897 and 1899, adopted a system

of compulsory insurance modelled to a great extent on the German system.

Instead, however, of a trade association as in Germany, or a district

insurance association as in Austria, there is a government insurance

office, in which employers have to insure their workmen.

Denmark.

In _Denmark_ a law was passed in 1897 rendering employers personally

liable for the amount of compensation for accidents, but employers may

relieve themselves of this liability by insuring workmen in an assurance

association approved of by the minister of the interior. This course,

however, is discretionary with employers.

Italy.

In _Italy_, although many attempts were made between 1889 and 1898 to

introduce a system of compulsory insurance, it was not until the latter

year that the principle was adopted. There is a National Bank for the

Insurance of Working men against Accident (_Cassa Nazionale di

Assicurazione per gli infortuni degli operaji sul lavoro_), created

under a law of 1883. It has special privileges, such as exemption from

taxation and the employment of the branch offices of the state

post-office savings bank as local offices. Under the law of 1898 there

is a primary obligation on the employer to insure his workmen with the

National Bank, but he may, if he prefers, insure with other societies

approved by government. Employers employing about five hundred workmen

may, instead of insuring, establish a fund for the payment of not less

than the statutory compensation, subject to giving adequate security for

the sufficiency of the fund. Exemption from compulsory insurance is

granted to employers who have established a mutual insurance

association, which must comply with certain prescribed conditions.

Railway companies, also, are exempt, if they have relief funds which

conform with the provisions of the act.

Spain.

In _Spain_ an act of the 30th of January 1900, adopted the principle of

the personal responsibility of the employer for accidents to workmen

other than those due to vis major. The act also lays down regulations

for preventing accidents in dangerous trades, and releases the employer

from personal liability on effecting adequate insurance of his workmen

with an approved insurance company.

Holland.

_Holland_ has adopted the principle of compulsory insurance by a law of

the 2nd of January 1901. An employer has to pay the necessary premium to

the State Insurance Office, or by depositing adequate security with the

State Office he may undertake the payment of the prescribed

compensation himself. Or he may transfer his liability to an insurance

company, provided the company deposit adequate security with the State

Office. The State Insurance Office is under the management of directors

appointed by the crown, and decides on all questions as to compensation;

there is also a "Supervisory Board" of the State Office with joint

representation of employers and workmen. There is an appeal from the

State Office to Councils of Appeal, and from them to a National Board of

Appeal.

Greece.

_Greece_ has a law of the 21st of February 1901, providing for

compensation for accidents causing incapacity of more than four days'

duration to workmen in mines, quarries and smelting works. The employer

is exclusively liable for such compensation and for medical expenses

during the first three months; after that time he is liable for

one-half, the other half being borne by a miners' provident fund,

supported by certain taxes on the properties affected, fines, &c.

Sweden.

By a law of the 5th of July 1901, _Sweden_ adopted the principle of the

personal liability of the employer for industrial accidents. The

employer can, however, insure himself against liability in the Royal

Insurance Institute. Compensation becomes payable after the expiration

of sixty days from the date of the accident.

Russia.

_Russia_ has a law which came into force on the 1st of January 1904.

Under this law employers in certain specified industries are bound to

indemnify workers for incapacity of more than three days' duration due

to injury arising out of their work. Employers are exempt from liability

by insuring their workmen in insurance companies whose terms are not

less favourable than those laid down by the law.

Belgium.

_Belgium_ passed a law dealing with industrial accidents on the 24th of

December 1903. It adopts the principle of the personal liability of the

employer in certain specified trades or industries. There is a power of

extension to such other undertakings as may be declared dangerous by the

Commission on Labour Accidents. Employers may exempt themselves from

their liability by contracting for the payment of compensation by an

insurance company approved by the government or by the National Savings

and Pension Fund. Where an employer does not so contract, he must (with

certain exemptions) contribute to a special insurance fund. The law of

1903 also established a permanent Commission on Labour Accidents.

Switzerland.

_Switzerland_ in 1899 adopted a law providing for accident insurance,

but it was defeated on referendum in May 1900.

United States.

In the _United States_ the law mainly depends on the doctrine of common

employment, and the extent to which this doctrine is applied varies

considerably in the different states, more particularly as to who are

and who are not to be regarded as fellow-servants. The tendency,

however, has been to increase the liability of the employer for the

negligence of a fellow-servant, and in the case of employment on

railways many states have passed laws either modifying or abrogating the

doctrine. Colorado, by a law of 1901, has entirely abrogated it; and

Alabama, Massachusetts and New York have laws generally similar to the

English act of 1880. But the greatest departure, due to the initiative

of President Roosevelt, has been the passing by the Federal Congress of

the laws of April 22 and May 30, 1908, one giving damages to injured

employees of interstate carriers by railroad, and common carriers by

railroad in Territories, the District of Columbia, the Canal Zone and

other territory governed by Congress, and the other giving regular wages

for not more than one year to injured employees of the U.S. government

in arsenals, navy yards, construction work on rivers, harbours and

fortifications, hazardous work in connexion with the Panama Canal or

Reclamation Service, and in government manufacturing establishments.

These national laws, which were intended to serve as an example to the

states, specifically provided for employers' liability and for the

non-recognition of the doctrine of common employment.

British Colonies.

Most of the British colonial states have adopted the principle of the

English Workmen's Compensation Act of 1897, and the various colonial

acts are closely modelled on the English act, with more or less

important variations in detail. The New Zealand Act was passed in 1900,

and amended in 1901, 1902, 1903 and 1905. The act of 1905 (No. 50) fixes

the minimum compensation for total or partial disablement at L1 a week

when the worker's previous remuneration was not less than 30s. a week.

South Australia passed a Workmen's Compensation Act in 1900 and Western

Australia one in 1902. New South Wales passed one in 1905, and British

Columbia in 1902.

Encyclopaedia Britannica, 11th Edition, "Electrostatics" to "Engis" Volume 9, Slice 3 · 第 29 / 35 题