PART IV.

Conditions of Compensation.

28. —(1) Subject to the provisions of this and the next following section, proceedings for the recovery under this Act of compensation for an injury shall not be maintained unless notice (in this Act referred to as notice of accident) in writing of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured.

(2) The want of or any defect or inaccuracy in a notice of accident shall not be a bar to the maintenance of proceedings for the recovery of compensation for any injury if the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident, or if the Court is satisfied on the hearing of such proceedings that the employer is not, or would not, if a notice or amended notice were then given and the hearing postponed, be prejudiced in his defence by such want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Saorstát Eireann or other reasonable cause.

(3) A notice of accident shall give the name and address of the person injured and shall state in ordinary language the cause of the injury and the date at which the accident happened.

(4) A notice of accident may be given to the employer or, if there is more than one employer, to one of such employers or, to any foreman or other official under whose supervision the workman is employed or to any person designated for the purpose by the employer.

(5) A notice of accident may be given by delivering the same at, or sending it by post in a registered letter addressed to the residence or place of business of the person to whom it is to be given.

(6) Where the employer is a body of persons corporate or incorporate, a notice of accident may also be given by delivering it or sending it by post in a registered letter addressed to the employer, at the office, or, if there be more than one office, any one of the offices of such body.

29. —(1) There shall be kept constantly posted up in some conspicuous place at or near every mine, quarry, factory or workshop where it may be conveniently read by the persons employed therein, a summary in the prescribed form of the provisions of this Act with regard to a notice of accident and the procedure to be followed in the case of industrial diseases, and in the event of such summary becoming effaced, obliterated or destroyed, it shall be renewed with all reasonable dispatch.

(2) If in any mine, quarry, factory or workshop the provisions of the foregoing sub-section are not complied with, the owner, agent or manager of such mine or quarry or the occupier of such factory or workshop shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Any proceedings under the foregoing sub-section may be instituted by an inspector of mines or factories.

(4) The want of, or any defect or inaccuracy in a notice of accident shall not be a bar to the maintenance of proceedings for the recovery of compensation under this Act where the employer is the owner of a mine or quarry or the occupier of a factory or workshop—

(a) if the summary mentioned in sub-section (1) of this section has not been posted up or, in the event of its becoming effaced, obliterated or destroyed, has not been renewed in accordance with the said sub-section; or

(b) if the accident has been reported by or on behalf of the employer to an inspector of mines or factories; or

(c) if the accident has been entered in any register of accidents kept by or on behalf of the employer at the mine, quarry, factory or workshop; or

(d) if the injury has been treated in an ambulance room at the mine, quarry, factory or workshop.

(5) In this and the next following section the expression “factory or workshop” includes any works or premises to which any of the provisions of the Factory and Workshops Acts, 1901 to 1920, apply.

30. —(1) There shall be kept at every mine, quarry, factory, or workshop a book (in this section referred to as the accident book) in the prescribed form in which the prescribed particulars of any accident happening to any person employed at such mine, quarry, factory or workshop may be entered by such person or some other person acting on his behalf.

(2) The accident book shall be kept at such place as to be readily accessible at all reasonable times to any injured workman who was employed at the mine, quarry, factory or workshop and any person bona fide acting on his behalf.

(3) An entry of an accident in the accident book, if made as soon as practicable after the happening of the accident, shall be deemed for the purposes of this Act to be a valid notice of accident.

(4) If in any mine, quarry, factory or workshop the provisions of sub-sections (1) and (2) of this section are not complied with, such mine, quarry, factory or workshop shall be deemed not to be managed or kept in accordance with the enactments relating thereto.

31. —(1) Subject to the provisions of this section, proceedings for the recovery under this Act of compensation for an injury shall not be maintainable unless such proceedings are commenced within six months from the occurrence of the accident causing the injury, or in the case of death within six months from the time of death.

(2) Failure to commence proceedings within the period mentioned in the foregoing sub-section shall not be a bar to maintenance of such proceedings if it is found that the failure was occasioned by mistake, absence from Saorstát Eireann or other reasonable cause.

32. —(1) If a workman receiving a weekly payment ceases to reside in Saorstát Eireann, he shall thereupon cease to be entitled to receive any weekly payment unless the medical practitioner of the employer certifies that it is desirable, owing to the condition of health of the workman, that the workman should reside outside Saorstát Eireann, or a medical referee certifies that the incapacity resulting from the injury is likely to be of a permanent nature.

(2) If the medical practitioner of the employer or a medical referee so certifies the workman shall be entitled to receive quarterly the amount of the weekly payments accruing due during the preceding quarter so long as he proves, in such manner and at such intervals as may be appointed by rules of court, his identity and the continuance of the incapacity in respect of which the weekly payment is payable.

33. —(1) Where a workman has given notice of accident or where an accident has occurred in respect of which the necessity of giving notice under this Act is dispensed with, he shall, if so required by his employer, submit himself for examination by a duly qualified medical practitioner provided and paid by his employer and if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation shall be suspended until such examination has taken place.

(2) Where any workman is receiving weekly payments under this Act, he shall, if so required by his employer, from time to time submit himself for examination by a duly qualified medical practitioner provided and paid by the employer, and if he refuses to submit himself to such examination or in any way obstructs the same, his right to such weekly payments shall be suspended until such examination has taken place.

(3) A workman shall not be required to submit himself for examination by a medical practitioner under either of the foregoing sub-sections of this section otherwise than in accordance with regulations made by the Minister under this section or at more frequent intervals than may be prescribed by those regulations.

34. —(1) Where a workman has, in accordance with the immediately preceding section, been examined by a medical practitioner provided by his employer, or has been examined by a medical practitioner provided by himself, and such employer or workman, as the case may be, has within six days after such examination furnished the other with a copy of the report of such medical practitioner as to such workman's condition, then in the event of no agreement being come to between such employer and such workman as to the latter's condition or fitness for employment, such employer and workman or either of them may apply to the county registrar to make an order (in this section referred to as a reference order) referring the matter to a medical referee, and thereupon the county registrar shall, unless the application is made by one party only and he is of opinion that owing to the nature of the case the matter should be determined by the Court, make such reference order.

(2) Where the county registrar refuses to make a reference order or on the application of one of the parties only for a reference order, makes a reference order, an appeal shall lie against such refusal or such reference order (as the case may be) to the Court and the decision of the Court on such appeal shall be final.

(3) Whenever an application for a reference order is granted there shall be paid to the county registrar, before the issue of the order, by the applicant or applicants such fee not exceeding one pound as may be fixed by regulations made by the Minister for Justice with the sanction of the Minister for Finance.

(4) Every fee paid to the county registrar under the preceding sub-section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) Whenever a reference order is made, the medical referee named in such order shall forthwith examine the workman to whom such order relates, and shall in accordance with regulations made by the Minister give a certificate as to the condition of such workman and his fitness for employment, specifying where necessary the kind of employment for which he is fit.

(6) Every certificate of a medical referee under the immediately preceding sub-section shall be conclusive evidence as to the matters certified therein in accordance with the said sub-section.

(7) Where no agreement can be come to between an employer and a workman as to whether and to what extent the incapacity of such workman is due to the accident, the foregoing provisions of this section shall, subject to any regulations made by the Minister, apply as if the question were a question as to the condition of such workman and his fitness for employment.

(8) If a workman, on being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been referred by a reference order, or in any way obstructs the same, his right to compensation and to take or prosecute any proceeding under this Act in relation to compensation or in the case of a workman in receipt of a weekly payment, his right to that weekly payment, shall be suspended until such examination has taken place.

(9) Rules of court may be made providing for the manner in which documents are to be furnished or served and applications made under this section and the forms to be used for those purposes.

35. —Where under this Part of this Act a right to compensation is suspended no compensation shall be payable in respect of the period of such suspension.