Contrary to the Coal Mines Order 1st September 1913, a miner proceeded to remove the stemming from an unexploded charge which had missed fire. An explosion took place, as a result of which he died. His widow claimed compensation from the respondents his employers, under the Workmen’s Compensation Act 1906. Held that the accident did not arise ‘out of and in the course of’ the deceased’s employment, since the deceased was engaged in an act expressly excluded from his employment by the provisions of the Coal Mines Order.
Judges:
Lords Cave, Dunedin, Atkinson, Shaw, and Sumner
Citations:
[1920] UKHL 659, 58 SLR 659
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Employment, Personal Injury
Updated: 20 November 2022; Ref: scu.631521