Modifications etc. (not altering text)
C1Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)
(1)Industrial injuries benefit shall be payable where an employed earner suffers personal injury caused F1... by accident arising out of and in the course of his employment, being employed earner’s employment.
(2)Industrial injuries benefit consists of the following benefits—
(a)disablement benefit payable in accordance with sections 103 to 105 below, paragraphs 2 and 3 of Schedule 7 below and Parts II and III of that Schedule;
(b)reduced earnings allowance payable in accordance with Part IV;
(c)retirement allowance payable in accordance with Part V; and
(d)industrial death benefit, payable in accordance with Part VI.
(3)For the purposes of industrial injuries benefit an accident arising in the course of an employed earner’s employment shall be taken, in the absence of evidence to the contrary, also to have arisen out of that employment.
(4)Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.
(5)Subject to sections 117, 119 and 120 below, industrial injuries benefit shall not be payable in respect of an accident happening while the earner is outside Great Britain.
(6)In the following provisions of this Part of this Act “work” in the contexts “incapable of work” and “incapacity for work” means work which the person in question can be reasonably expected to do.
Textual Amendments
F1Words in s. 94(1) repealed (30.10.2012 for specified purposes, 5.12.2012 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 64(1)(a), 150(3); S.I. 2012/2530, art. 2(5)(a)(6)(a)
(1)In section 94 above, this section and sections 98 to 109 below “employed earner’s employment” shall be taken to include any employment by virtue of which a person is, or is treated by regulations as being for the purposes of industrial injuries benefit, an employed earner.
(2)Regulations may provide that any prescribed employment shall not be treated for the purposes of industrial injuries benefit as employed earner’s employment notwithstanding that it would be so treated apart from the regulations.
(3)For the purposes of the provisions of this Act mentioned in subsection (1) above an employment shall be an employed earner’s employment in relation to an accident if (and only if) it is, or is treated by regulations as being, such an employment when the accident occurs.
(4)Any reference in the industrial injuries and diseases provisions to an “employed earner” or “employed earner’s employment” is to be construed, in relation to any time before 6th April 1975, as a reference respectively to an “insured person” or “insurable employment” within the meaning of the provisions relating to industrial injuries and diseases which were in force at that time.
(5)In subsection (4) above “the industrial injuries and diseases provisions” means—
(a)this section and sections 96 to 110 below;
(b)any other provisions of this Act so far as they relate to those sections; and
(c)any provisions of the Administration Act[F2, Chapter II of Part I of the Social Security Act 1998 or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999,] so far as they so relate.
Textual Amendments
F2Words in s. 95(5)(c) substituted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 4; S.I. 1999/1662, art. 2(b), Sch. Pt. 2 (with art. 4) (and see also S.I. 1999/978, regs. 1(1), 2, Sch.)
(1)In the industrial injuries and diseases provisions any reference to employed earner's employment shall be taken to include participation in an employment training scheme or employment training course of a prescribed description (and “employed earner” shall be construed accordingly).
(2)In those provisions, a reference to an employer, in relation to any such participation, shall be taken to be a prescribed person.
(3)In this section “industrial injuries and diseases provisions” has the same meaning as in section 95(4) above.]
Textual Amendments
F3S. 95A inserted (30.10.2012 for specified purposes, 31.10.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 66(1), 150(3); S.I. 2012/2530, art. 2(5)(b); S.I. 2013/2534, art. 2
In relation to—
(a)a person who is an employed earner for the purposes of this Part of this Act otherwise than by virtue of a contract of service or apprenticeship; or
(b)any other employed earner—
(i)who is employed for the purpose of any game or recreation and is engaged or paid through a club; or
(ii)in whose case it appears to the Secretary of State there is special difficulty in the application of all or any of the provisions of this Part of this Act relating to employers,
regulations may provide for a prescribed person to be treated in respect of industrial injuries benefit and its administration as the earner’s employer.
(1)Subsection (2) below has effect in any case where—
(a)a claim is made for industrial injuries benefit in respect of an accident, or of a prescribed disease or injury; or
(b)an application is made under [F4section 29 of the Social Security Act 1998] for a declaration that an accident was an industrial accident, or for a corresponding declaration as to a prescribed disease or injury.
(2)The Secretary of State may direct that the relevant employment shall, in relation to that accident, disease or injury, be treated as having been employed earner’s employment notwithstanding that by reason of a contravention of, or non-compliance with, some provision contained in or having effect under an enactment passed for the protection of employed persons or any class of employed persons, either—
(a)the contract purporting to govern the employment was void; or
(b)the employed person was not lawfully employed in the relevant employment at the time when, or in the place where, the accident happened or the disease or injury was contracted or received.
(3)In subsection (2) above “relevant employment” means—
(a)in relation to an accident, the employment out of and in the course of which the accident arises; and
(b)in relation to a prescribed disease or injury, the employment to the nature of which the disease or injury is due.
Textual Amendments
F4Words in s. 97(1)(b) substituted (5.7.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 64; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with arts. 3-5)
An accident shall be taken to arise out of and in the course of an employed earner’s employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if—
(a)the accident would have been taken so to have arisen had the act not been done in contravention of any such regulations or orders, or without such instructions, as the case may be; and
(b)the act is done for the purposes of and in connection with the employer’s trade or business.
(1)An accident happening while an employed earner is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be taken to arise out of and in the course of his employment if—
(a)the accident would have been taken so to have arisen had he been under such an obligation; and
(b)at the time of the accident, the vehicle—
(i)is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and
(ii)is not being operated in the ordinary course of a public transport service.
(2)In this section references to a vehicle include a ship, vessel, hovercraft or aircraft.
An accident happening to an employed earner in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be taken to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.
An accident happening after 19th December 1961 shall be treated for the purposes of industrial injuries benefit, where it would not apart from this section be so treated, as arising out of an employed earner’s employment if—
(a)the accident arises in the course of the employment; and
(b)the accident either is caused—
(i)by another person’s misconduct, skylarking or negligence, or
(ii)by steps taken in consequence of any such misconduct, skylarking or negligence, or
(iii)by the behaviour or presence of an animal (including a bird, fish or insect),
or is caused by or consists in the employed earner being struck by any object or by lightning; and
(c)the employed earner did not directly or indirectly induce or contribute to the happening of the accident by his conduct outside the employment or by any act not incidental to the employment.