(c) if it is proved that the injury to a workman is attributable to the serious and wilful misconduct of that workman, any compensation claimed in respect of that injury shall, unless that injury results in death or serious and permanent disablement,[13] be disallowed.
DEFINITION OF EMPLOYER AND WORKMAN
Sec. 13.—In this Act, unless the context otherwise requires,—
‘Employer’ includes any body of persons corporate or incorporate and the legal personal representative of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
‘Workman’ does not include any person employed otherwise than by way of manual labour whose remuneration exceeds two hundred and fifty pounds a year, or a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, or a member of a police force, or an out worker, or a member of the employer’s family dwelling in his house, but, save as aforesaid, means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing;
Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable.
Both of these definitions have been altered from those given in the Act of 1897. The definition of employer has been extended from the words ‘deceased employer.’ The definition of workman is much more definite, and does not allow of much theorising. With the few exceptions mentioned it covers all classes of service, and should certainly cover any persons whose duties are connected with scaffolding.
APPENDIX
WEIGHT OF MATERIAL
| lbs. per cubic foot | |
|---|---|
| Asphalte (gritted) | 156·00 |
| Brick (common) from | 97·31 |
| Brick (common) to | 125·00 |
| Brick (red) | 135·50 |
| Brick (pale red) | 130·31 |
| Brick (Common London Stock) | 115·00 |
| Brick paving (English clinker) | 103·31 |
| Brick paving (Dutch clinker) | 92·62 |
| Brickwork in mortar, about | 110·00 |
| Cement (Roman) and sand (equal parts) | 113·56 |
| Cement alone (cast) | 100·00 |
| Chalk from | 125·00 |
| Chalk to | 166·00 |
| Chalk (Dorking) | 116·81 |
| Clay (common) | 119·93 |
| Clay (with gravel) | 160·00 |
| Concrete (lime) | 130·00 |
| Concrete (cement) | 136·00 |
| Earth (common) from | 95·00 |
| Earth (common) from | 124·00 |
| Earth (loamy) | 126·00 |
| Earth (rammed) | 99·00 |
| Earth (loose or sandy) | 95·00 |
| Firestone | 112·00 |
| Flint from | 161·25 |
| Flint to | 164·37 |
| Granite from | 158·62 |
| Granite to | 187·47 |
| Gravel | 109·32 |
| Iron (bar) from | 475·00 |
| Iron (bar) to | 487·50 |
| Iron (hammered) | 485·18 |
| Iron (not hammered) | 475·00 |
| Iron (cast) from | 450·00 |
| Iron (cast) to | 475·00 |
| Lead (milled) | 712·93 |
| Lead (cast) | 709·50 |
| Lime (quick) | 52·68 |
| Marble from | 161·25 |
| Marble to | 177·50 |
| Mortar (New) | 110·00 |
| Mortar (of river sand 3 parts, of lime in paste 2 parts) | 100·93 |
| Mortar well beaten together | 118·31 |
| Mortar (of pit sand) | 99·25 |
| Mortar well beaten together | 118·93 |
| Mortar (common of chalk, lime and sand, dry) | 96·87 |
| Mortar (lime, sand, and hair for plastering dry) | 86·50 |
| Sand (pure quartz) | 171·87 |
| Sand (river) | 117·87 |
| Sand (River Thames best) | 102·37 |
| Sand (pit, clean but coarse) | 100·62 |
| Sand (pit, but fine grained) | 92·50 |
| Sand (road grit) | 93·37 |
| Sand (River Thames inferior) | 90·87 |
| Slate, Welsh | 180·50 |
| Slate, Anglesea | 179·75 |
| Slate, Westmoreland (pale blue) | 174·73 |
| Slate, Westmoreland (fine-grained pale blue) | 170·75 |
| Slate, Westmoreland (dark blue) | 173·43 |
| Slate, Westmoreland (pale greenish blue) | 173·00 |
| Slate, Westmoreland (black blue for floors) | 172·37 |
| Slate, Welsh rag | 172·00 |
| Slate, Cornwall (greyish blue) | 157·00 |
| Snow from | 8·00 |
| Snow to | 14·00 |
| Shingle | 95·00 |
| Steel from | 486·25 |
| Steel to | 490·00 |
| Stone, Bath (roe stone) | 155·87 |
| Stone, Bath | 123·43 |
| Stone, blue lias (limestone) | 54·18 |
| Stone, Bramley Fall (sandstone) | 56·62 |
| Stone, Bristol | 56·87 |
| Stone, Caen | 31·75 |
| Stone, Clitheroe (limestone) | 67·87 |
| Stone, Derbyshire (red friable sandstone) | 46·62 |
| Stone, Dundee | 58·12 |
| Stone, Hilton (sandstone) | 36·06 |
| Stone, Kentish rag | 66·00 |
| Stone, Ketton (roe stone) | 55·87 |
| Stone, Kincardine (sandstone) | 53·00 |
| Stone, Penarth (limestone) | 65·81 |
| Stone, Portland (roe stone) | 53·81 |
| Stone, Portland | 151·43 |
| Stone, Purbeck | 67·50 |
| Stone, Woodstock (flagstone) | 63·37 |
| Stone, Yorkshire (paving) | 56·68 |
| Tile (common plain) | 16·15 |
| Water (sea) | 64·18 |
| Water (rain) | 62·50 |
| Wood (ash) | 50·00 |
| Wood (birch) | 45·00 |
| Wood (beech) | 45·00 |
| Wood (elm, common, dry) | 34·00 |
| Wood (fir, Memel dry) | 34·00 |
| Wood (fir, Norway spruce) | 32·00 |
| Wood (fir, Riga dry) | 29·12 |
| Wood (fir, Scotch dry) | 26·80 |
| Wood (larch, white wood seasoned) | 22·75 |
| Wood (larch, dry) | 38·31 |
| Wood (oak, English seasoned) | 48·56 |
| Wood (oak, Dantzic seasoned) | 47·24 |
| Wood (oak, Riga dry) | 43·00 |
| Zinc | 450·00 |