A workman who, in consequence of an accident, lost the sight of an eye without suffering any personal disfigurement and without losing his power to get work, fifteen years later met with another accident to the same eye, which necessitated its removal. In consequence of the disfigurement thereby produced he found himself unable to get employment.
Held that incapacity for work in the sense of Schedule I (1) ( b), (3), is not limited to physical incapacity, but includes also the absence of a market for the workman’s labour, due to some defect personal to himself caused by the injury he has received which renders his labour unsaleable, and that the workman was accordingly entitled to compensation.
Judges:
the Lord Chancellor (Loreburn), Lords Macnaghten, Atkinson, and Shaw
Citations:
[1912] UKHL 711
Links:
Jurisdiction:
England and Wales
Personal Injury
Updated: 25 April 2022; Ref: scu.619241
