Download e-book for iPad: La Rive gauche by Herbert R Lottman

By Herbert R Lottman

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7), 23 et seq. G. Hanes (supra fn. 7), 34. G. Hanes (supra fn. 7), 61. G. Hanes (supra fn. 7), 61. Shifts of Work-Related Injury Compensation 23 Although for the sake of compensation a shift to an insurance regime would probably have been more efficient, serious objections were put forward against this. 52 Introducing a new act, the Employers Liability Bill 1893, was an attempt by the Government to legislate both compensation and accident prevention. For that reason the new proposal included an injunction clause which prohibited the continuing practice of enclosed agreements between employers and their employees to exclude civil law litigation.

92 The level of compensation was relatively high: The Ongevallenwet 1901 and 1921 (Industrial Accidents Act, OW) covered the risk of medical expenses, work related disabilities and loss of life support in the case of death. Income payments were limited, but still high compared to what the English liability regime of Workmen’s Compensation (and even German law) offered: The injured employee would receive (at the maximum) 80 percent of his income for the first six weeks of his invalidity, with the exception of the first three days, followed up by pensions which were dependent of the seriousness of his injury and limited to 70 percent of the victim’s average daily salary.

The Arbeidson- 95 The Act of 24 December 1903 and, for occupational diseases, the Act of 24 July 1927 both were replaced by the Act of 10 April 1971 (Employment injuries) and the Laws co-ordinated by Royal Decree of 3 June 1970. Shifts of Work-Related Injury Compensation 33 gevallenwet 1903 was in other words based on the ‘risque professionnel’, as in Germany and the Netherlands and therefore, similar to these neighbour law systems, it gave an almost absolute guarantee for compensation, independent of fault or human behaviour.

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