Workmen's Compensation Act records
The Workmen’s Compensation Act 1897 was a UK-wide law providing certain workers with the right to payment in the event of accident or injury at work. Initially, it only applied to certain industrial workers (railways, factories, docks, mines, quarries, engineering works and building or demolition work on buildings over 30 feet in height.) The scheme was extended by another act in 1906 to cover (with only a few exceptions)
any person who enters 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
Compensation levels were based on earnings. Workers had to be unable to earn their normal wages for at least two weeks before they were eligible, and payments were set at half the average weekly earnings. If a worker died in the course of his work, his or her dependants were entitled to 3 years’ earnings or a lump sum.
Before 1897, employees had to prove negligence on the part of their employer. From 1897, that was reversed, and employers were liable unless they could demonstrate negligence on the part of the worker.
Sheriff Courts were given jurisdiction over the scheme. Employers and employees were encouraged to reach agreement, but if they were unable to do so, the law provided for arbitration. The Sheriff Courts were responsible for registering agreements, and ultimately for enforcement where necessary.
Each Sheriff Court maintained several registers. We are working our way through them, and have begun indexing what were often referred to as the Special Registers. These registers recorded memoranda of agreement between employees and employers, and in some cases also results of arbitration or court hearings where voluntary agreements could not be reached. The records give details of the injuries sustained, employers and employees, and, in cases of fatal accidents, details of dependants, often including wives, children, parents and even siblings, especially sisters. Where there was an arbitration procedure, the records may include extremely detailed accounts of the events leading up to the accidents.
Employers were required to lodge funds with the court, which could then authorise payments to workmen or their families. In some cases, families requested full payment of the funds lodged with the court as they decided to emigrate. There may be multiple entries for an individual worker.
We have begun with Banff, Dundee and Forfar Sheriff Courts, and will continue to roll out further indexes from other courts.
Before 1897, employees had to prove negligence on the part of their employer. From 1897, that was reversed, and employers were liable unless they could demonstrate negligence on the part of the worker.
Sheriff Courts were given jurisdiction over the scheme. Employers and employees were encouraged to reach agreement, but if they were unable to do so, the law provided for arbitration. The Sheriff Courts were responsible for registering agreements, and ultimately for enforcement where necessary.
Each Sheriff Court maintained several registers. We are working our way through them, and have begun indexing what were often referred to as the Special Registers. These registers recorded memoranda of agreement between employees and employers, and in some cases also results of arbitration or court hearings where voluntary agreements could not be reached. The records give details of the injuries sustained, employers and employees, and, in cases of fatal accidents, details of dependants, often including wives, children, parents and even siblings, especially sisters. Where there was an arbitration procedure, the records may include extremely detailed accounts of the events leading up to the accidents.
Employers were required to lodge funds with the court, which could then authorise payments to workmen or their families. In some cases, families requested full payment of the funds lodged with the court as they decided to emigrate. There may be multiple entries for an individual worker.
We have begun with Banff, Dundee and Forfar Sheriff Courts, and will continue to roll out further indexes from other courts.
