Liability of Employers.

Liability of Employers. An employer is in law responsible for reparation of wrongs or injuries done to strangers by his servants while they are acting within the course and scope of their service. But where a master has forbidden the doing of the thing from which damage arises, or where a servant wilfully or maliciously does an injurious act to serve his own private ends, the master will not be liable. The Employer's Liability Act of 1880 so far extended the favour of the law to workmen as to make employers answerable to their servants for the negligence of those to whom they have delegated their authority. It gave, in certain cases of injury specified in the act, the same right of reparation to workmen against their employers as is enjoyed by strangers. But it was limited in its scope, and did not apply to servants not engaged in manual labour; nor was any provision made against employers and workmen contracting themselves out of the act. The Workmen's Compensation Act of 1897 still further extended the liability of employers by making them liable to their workmen for all injuries arising out of their employment from whatever cause, except their own wilful misconduct. 'Negligence' is not necessary to create liability, and even where the greatest care is taken the employer is still liable, as he is also to workmen employed by a sub-contractor. Any scheme of 'contracting out' of the act must be certified by the Registrar of Friendly Societies to be as favourable to the workmen as the act itself. The act was originally limited to certain specified industries, but practically included all workmen except agricultural labourers, seamen, and domestic servants; and the amending act of 1900 extended its application to agricultural labourers in the widest sense of the term. The amount of compensation is as follows: when a workman is killed, leaving dependents, a sum from £150 to £300; when no dependents are left, a sum not exceeding £10 for medical and funeral expenses; when total or partial disablement results, a weekly payment not exceeding £1. The liability thus imposed has been met by various forms of insurance, mainly supplied by accident insurance companies. See DAMAGES; and MASTER AND SERVANT.