THE WORKMEN'S COMPENSATION LAWS.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R000400040029-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 28
• Document Creation Date: December 20, 2016
• Document Release Date: September 10, 2001
• Sequence Number: 29
• Publication Date: January 1, 1944
• Content Type: REGULATION

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Section :
1. Short title.
2. Meaning of " workman " and application of Law.
3. Interpretation.
3A. Compensation not to be payable in respect of war injuries.
4. Application to workmen employed under the Crown.
5. Employers' liability for compensation,
6. Compensation in fatal cases.
7. Compensation in the case of permanent total incapacity.
8. Compensation in the case of permanent partial incapacity.
9. Compensation in the case of temporary incapacity.
10. Method of calculating earnings.
11. Persons entitled to compensation.
12. Distribution of compensation.
13. Requirements as to notice of accident and application for
compensation.
14. Special provisions as to notice of accident in mines, factories, etc.
15. Employer to report the death of a workman.
16. Medical examination and treatment.
17. Agreement as to compensation.
18. Determination of claims.
19. Review.
20. Limitation of power of employer to end or decrease periodical
payments.
21. Jurisdiction of the Court.
22. Power of the Court to submit questions of law.
23. Appeals.
24. Liability in case of workman employed by contractors. ,
25. Remedies against both employer and stranger.
26. Proceedings independently of the Law.
27, Governor in Council may, by order, require employers to insure.
Price 14 piastres.
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Section
28. Provision as to cases of. bankruptcy of employer.
29. Application to persons employed on ships.
30. Contracting out.
31. Compensation not to be assigned, charged or attached.
32. Returns by employer and insurer.
33. Power to make rules.
34. Rules as to transfer of funds.
35. Repeal and date of commencement of the Law.
SCHEDULE.
NOTE : This publication contains in a consolidated form the Workmen's
Compensation Law, 1942, as amended by Laws :-
2 of 1944.
11 of 1944.
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A LAW TO PROVIDE FOR THE PAYMENT OF COMPENSATION
TO WORKMEN FOR INJURY BY ACCIDENT.
No. 30 or 1942.
1. This Law may be cited as the Workmen's Corn- Short title.
pensation Law, 1942.
2.-(1) In this Law, unless the context otherwise requires, Moaning of
the expression " workman ", subject to section 4 and the a Workman.
and applica
proviso to this sub-section, means any person who has, tion of Law.
either before or after the commencement of this Law,
entered into or works under a contract of service or
apprenticeship with an employer, whether by way of
manual labour, or otherwise, whether the contract is express
or implied, is oral or in writing, and whether the remune-
ration is calculated by time or by work done :
Provided that the following persons shall not be regarded
for the purposes of this Law as workmen :-
(a) persons whose remuneration exceeds two hundred
and fifty pounds a year ; or
(b) persons employed to perform work of a casual
nature not connected with the employer's trade or
business not being persons employed for the purposes
of any game or recreation and engaged and paid
by a Club ; or
(c) outworkers ; or
(d) a member of the employer's family dwelling in his
house ; or
(e) persons employed in agriculture, unless such em-
ployment be in connection with any steam or
internal combustion engine or electric motor or any
machine or machinery driven by or actuated by
such engine or electric motor whether directly or
indirectly ;
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Interpreta-
tion.
(f) domestic servants ; or
(g) persons employed as clerical workers or shop
assistants or both ; or
(h) persons who contract or sub-contract for the
carrying out of work and themselves engage other
persons, independently of the employer, or to
perform such work ; or
(i) tributers.
(2) If in any proceedings for the recovery of compensation
under this Law it appears to the Court that the contract of
service or apprenticeship under which the injured person was
working at the time when the accident causing the injury
happened was illegal, the Court may, if having regard to
all the circumstances of the case it thinks proper so to do,
deal with the matter as if the injured person had at the
time aforesaid been a person working under a valid contract
of service or apprenticeship.
(3) Except for the purposes of section 17 any reference
to a workman who has been injured shall, unless the context
otherwise requires, where the workman is dead, include
reference to his legal personal representative, or to his
dependants or any of them or the Commissioner or such
other officer as the Governor may appoint to act on behalf
of the dependants of the workman.
3.-(1) In this Law unless the context otherwise requires-
" adult " means a person who is not under the age of
eighteen years ;
" agriculture " includes horticulture and the cultivation
of the ground for any purpose, sowing seeds, planting,
removing crops, animal husbandry, but does not include
forestry ;
" compensation " means compensation as provided
by this Law ;
" Court " means a Court of competent jurisdiction ;
" dependants " means those members of the family
of a workman who were wholly or in part dependent
upon his earnings at the time of his death, or would
but for the incapacity due to the accident have been so
dependent, and, where the workman, being the parent
or grandparent of an illegitimate child, leaves such child
so dependent upon his earnings, or, being an illegitimate
child, leaves a parent or grandparent so dependent on his
earnings, shall include such an illegitimate child or parent
or grandparent respectively . Provided that a, person
shall not be deemed to be a partial dependent of another
person unless he was dependent partially on contributions
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from that other person for the provision of the ordinary
necessaries of life suitable for persons in his class and
position ;
" earnings " includes wages paid to the workman
by the employer and the value of any food, fuel, or
quarters supplied to the workman by the employer if
as a result of the accident the workman is deprived of
such food, fuel, or quarters and any overtime payments
or other special remuneration for work done, whether
by way of bonus or otherwise, if of constant character
or for work habitually performed, but shall not include
remuneration for intermittent overtime, or casual pay-
ments of a non-recurrent nature, or any ex-gratia pay-
ment whether given by the employer or other person,
or the value of a travelling allowance, or the value of
any travelling concession or a contribution paid by the
employer of a workman towards any pension or provident
fund, or a sum paid to a workman to cover any special
expenses entailed on him by the nature of his employment;
" employer " includes His Majesty in His Government
of the Colony and any body of persons corporate or
unincorporate and the legal personal representative
of a deceased employer, and, where the services of a
workman are temporarily lent or let on hire to another
person by the person with whom the workman has
entered into a contract of service or apprenticeship,
the latter shall, for the purposes of this Law, be deemed
to continue to be the employer of the workman whilst
he is working for that other person ; and in relation to
a person employed for the purposes of any game or
recreation and engaged or paid through a club, the
manager, or members of the managing committee of the
club shall, for the purposes of this Law, be deemed to be
the employer ;
" insurer " includes any insurance society, association,
company or underwriter ;
" medical practitioner " means a medical practitioner
registered under the Medical Registration Laws, 1936 22 of 1936.
and 1939 ; 12 of 1939.
" member of the family " means wife, husband,
father, mother, grandfather, grandmother, stepfather,
stepmother, son, daughter, grandson, granddaughter,
stepson, stepdaughter, brother, sister, half-brother,
half-sister ;
" minor" means a person who is under the age of
eighteen years ;
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Compen-
sation not
to be pay-
able in
respect of
war in-
juries.
Inserted by
2 of 1944.
outworker " means a person to whom articles or
materials are given out to be made up, cleaned, washed,
altered, ornamented, finished, or repaired, or adapted
for sale in his own home or on other premises not under
the control or management of the person who gave out
the articles or materials ;
" partial incapacity " means, where the incapacity
is of a temporary nature, such incapacity as reduces the
earning capacity of a workman in any employment in
which he was engaged at the time of the accident resulting
in the incapacity, and, where the incapacity is of a
permanent nature, such incapacity as reduces his earning
capacity in every employment which he was capable
of undertaking at that time : Provided that every
injury specified in the Schedule hereto, except such
injury or combination of injuries in respect of which
the percentage or aggregate percentage of the loss of
earning capacity as specified in that Schedule against
such injury or injuries amounts to one hundred per
centum or more shall be deemed to result in permanent
partial incapacity ;
" total incapacity " means such incapacity whether
of a temporary or permanent nature, as incapacitates
a workman for any employment which he was capable of
undertaking at the time of the accident resulting in such
incapacity : Provided that permanent total incapacity
shall be deemed to result from an injury or from any
combination of injuries specified in the Schedule hereto
where the percentage or aggregate percentage of the loss
of earning capacity as specified in that Schedule against
such injury or injuries, amounts to one hundred per
centum or more ;
" tributer " means a person who is granted permission
to win minerals, receiving a proportion of the minerals
won by him or the value thereof.
-(2) The exercise and performance of the powers and
duties conferred or imposed upon any local authority or
body under any Law in force for the time being shall,
for the purposes of this Law, be deemed to be the trade
or business of such local authority or body.
3A.-(1) Notwithstanding anything in this Law, no
compensation shall be payable under this Law in respect
of any war injury sustained during the period of the present
emergency.
(2) In this section-
" period of the present emergency " means the period
beginning with the commencement of the Emergency
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Powers (Defence) Act, 1939, and ending with such date
as His Majesty may by Order in Council declare to be
the date on which the emergency that was the occasion
of the passing of that Act came to an end ;
" war injury " means any physical injury-
(a) caused by-
(i) the discharge of any missile (including
liquids and gas) ; or
(ii) the use of any weapon, explosive or other
noxious thing ; or
(iii) the doing of any other injurious act, either
by the enemy or in combating the enemy
or in repelling an imagined attack by the
enemy ; or
(b) caused by the impact on any person or property
of any enemy aircraft, or any aircraft belonging
to, or held by, any person on behalf of or for
the benefit of, His Majesty or any allied power,
or any part of, or anything dropped from, any
such aircraft.
4. This Law shall apply to workmen employed by or
under the Crown in the same way and to the same extent
as if the employer were a private person, except in the
case of persons in the naval or military or air service of
the Crown and persons in the Civil employment of His
Majesty otherwise than in His Government of the
Colony : Provided that this Law shall not apply in the
case of a workman in, or selected for appointment to,
the service of the Government of the Colony before the
date upon which this Law comes into operation where,
in consequence of injury received by any such workman
in the discharge of his duties, a pension or gratuity which
would not be payable if such injury were received otherwise,
is paid to him or, in the case of his death, to any of his
dependants as defined in this Law, under any Law or
regulation providing for the grant of such pension or
gratuity.
5. If in any employment a workman suffers personal
injury by accident arising out of and in the course of his
employment his employer shall be liable to pay compen-
sation in accordance with the provisions of this Law :
Provided that the employer shall not be so liable for such
compensation should-
(a) the injury incapacitate the workman whether
totally or partially for a period of less than seven
consecutive calendar days ;
Application
to workmen
employed
under the
Crown.
Employers'
liability for
compensa-
tion.
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Compensa-
tion in fatal
cases.
(b) the accident be proved to be attributable to the
workman's own serious and wilful misconduct
which shall include :-
(i) his being in any degree under the influence of
drugs or intoxicating liquor ; or
(ii) a contravention of any Law, regulation, rule or
order, whether statutory or otherwise, expressly
made for the purpose of ensuring the safety or
health of workmen, or of preventing accidents
to workmen, if the contravention was committed
deliberately or with a reckless disregard of the
terms of such Law, regulation, rule or order ; or
(iii) the wilful removal or disregard by the workman
of any safety guard or other device which he
knew to have been provided for the purpose of
securing the safety of workmen or
(iv) any other act or omission which the Court
may, having regard to all the circumstances
of an accident, declare to be serious and wilful
misconduct ;
(c) death or incapacity result from personal injury
if the workman has at any time represented to the
employer that he was not suffering; or had not
previously suffered from that or a similar injury,
knowing that the representation was false.
6. Where death results from the injury-
(a) if, the workman leaves any dependants wholly
dependent upon his earnings, the amount of com-
pensation shall be a sum equal to thirty-six months'
earnings or four hundred and fifty pounds which-
ever is less, but in no case shall the amount be
less than one hundred pounds :
Provided that where in respect of the same
accident compensation has been paid under the
provisions of section 7, 8 or 9 there shall be deducted
from the sum payable under this paragraph any
sums so paid as compensation ;
(b) if the workman does not leave any dependants
wholly dependent on his earnings, but leaves any
dependants in part so dependent, the amount of
compensation shall be such sum, not exceeding in
any case the amount payable under paragraph (a)
of this section, as may be determined by the Court
to be reasonable and proportionate to the injury
to the said dependants ;
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(c) if the workman leaves no dependants, the
reasonable expenses of the burial of the deceased
workman and the reasonable expenses of medical
attendance on the deceased workman, not exceeding
in all the sum of fifteen pounds, shall be paid by the
employer.
7. Where permanent total incapacity results from the
injury the amount of compensation shall be-
(a) in the case of an adult, a sum equal to forty-two
months' earnings or six hundred pounds, whichever
is less ;
(b) in the case of a minor, a sum equal to seventy-two
months' earnings or six hundred pounds, whichever
is less :
Provided that in no case shall the amount of compen-
sation in respect of permanent total incapacity be less than
one hundred pounds.
8.-(1) Where permanent partial incapacity results from
the injury the amount Of compensation shall be--
(a) in the case of an injury specified in the Schedule
hereto such percentage of the compensation which
would have been payable in the case of permanent
total incapacity as is specified therein as being the
percentage of the loss of earning capacity caused by
that injury, and
(b) in the case of an injury not specified in the Schedule
hereto such percentage of the compensation which
would have been payable in the case of permanent
total incapacity as is proportionate to the loss of
earning capacity permanently caused by the injury:
Provided that a workman entitled to receive compen-
sation as in the Schedule provided may apply to the Court
representing that on the ground of the special nature of his
employment, training and other circumstances his earning
capacity has in fact been reduced by the particular injury
sustained to a greater extent than is represented by the
percentage of incapacity laid down in the said Schedule for
that injury ; and that the Court shall then determine what
is the proper percentage of incapacity in his case, having
regard to the actual loss of earning capacity sustained.
(2) Where more injuries than one are caused by the same
accident, the amount of compensation payable under the,
provisions of this section shall be aggregated, but not so
in any case as to exceed the amount which would have been
payable if permanent total incapacity had resulted from
the injuries.
Compensa-
tion in the
case of
permanent
total
incapacity.
Compensa.
tion in the
case of
permanent
partial
incapacity.
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Compensa-
tion in the
case of
temporary
incapacity.
9.-(1) Where temporary incapacity whether total or
partial results from the injury, the compensation shall be
the periodical payments hereinafter mentioned payable
at such intervals as may be agreed upon or as the Court
may order, or a lump sum calculated accordingly having
regard to the probable duration, and probable changes
in the degree, of the incapacity. Such periodical payments
shall be, or shall be at the rate proportionate to---
(a) in the case of an adult, a monthly payment of half
the difference between the monthly earnings which
the workman was earning at the time of the accident
and the monthly earnings which he is earning or is
capable of earning in some suitable employment
or business after the accident ;
(b) in the case of a minor, a monthly payment of
two-thirds or, after he has become an. adult, three-
fourths of the difference between the monthly
earnings which the workman was earning at the
time of the accident and the monthly earnings
which he is earning or is capable of earning in some
suitable employment or business after the accident :
Provided that--
(i) no periodical payment under the provisions of
this section shall be at a higher rate than six pounds
a month ;
(ii) if the incapacity lasts less than four weeks, no
compensation shall be payable in respect of the first
three days ;
(iii) neither the aggregate of the periodical payments
nor the lump sum payable under this sub-section
shall exceed the lump sum which would be payable
in respect of the same degree of incapacity under the
provisions of section 7 or 8, as the case may be,
if the incapacity were permanent.
(2) In fixing the amount of the periodical payment the
Court shall have regard to any payment, allowance or
benefit which the workman may receive from the employer
during the incapacity.
(3) On the ceasing of the incapacity before the date on
which any periodical payment falls due, there shall be
payable in respect of that period a sum proportionate to
the duration of the incapacity in that period.
(4) Where a workman in receipt of periodical payments
under the provisions of this section intends to leave the
neighbourhood in which he was employed, for the purpose
of residing elsewhere, he shall give notice of such intention
to the employer who may agree with the workman for
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ii
the redemption of such periodical payments by a lump
sum, or for the continuance of such periodical payments.
If the employer and workman are unable to agree either
party may apply to the Court which shall have jurisdiction
to order such redemption and to determine the amount to
be paid or to order the continuance of the periodical pay-
ments
Provided any lump sum so ordered to be paid together
with the periodical payments already made to the workman
shall not exceed the lump sum which would be payable
in respect of the same degree of incapacity under the
provisions of section 7 or 8, as the case may be, if the
incapacity were permanent.
(5) If a workman in receipt of periodical payments under
the provisions of this section leaves the neighbourhood
in which he was employed, for the purpose of residing
elsewhere, without giving notice as provided in sub-
section (4), or havjng given such notice leaves the neigh-
bourhood as aforesaid without having come to an agreement
with his employer for the redemption or continuance of
such periodical payments, or without having made an
application to the Court under the provisions of sub-
section (4), he shall not be entitled to any benefits under
this Law during or in respect of the period of his absence.
If the period of such absence shall exceed six months, the
workman shall cease to be entitled to any benefits under
this Law.
10.--(1) For the purposes of this Law the monthly
earnings of a workman shall be computed in such manner
as is best calculated to give the rate per month at which
the workman was being remunerated during the previous
twelve months if he has been so long employed by the same
employer, but, if not, then for any less period during which
he has been in the employment of the same employer :
Provided that where by reason of the shortness of the
time during which the workman has been in the employment
of his employer or the casual nature of the employment, or
the terms of the employment, it is impracticable at the date
of the accident to compute the rate of remuneration, regard
may be had to the average monthly amount which, during
the twelve months previous to the accident, was being
earned by a person of similar earning capacity in the same
grade employed at the same work by the same employer,
or, if there is no person so employed, b a person of similar
earning capacity in the same grade employed in the same
class of employment and in the same district.
Method of
calculating
earnings.
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Persons
entitled to
compensa-
tion.
Distribution
of compensa-
tion.
(2) For the purposes of the preceding sub-section,
employment by the same employer shall be taken to mean
employment by the same employer in the grade in which
the workman was employed at the time of the accident,
uninterrupted, by absence from work due to illness or
any other unavoidable cause.
(3) Where the workman had entered into concurrent
contracts of service with two or more employers under
which he worked at one time for one such employer and
at another time for another such employer, his monthly
earnings shall be computed as if his earnings under all such
contracts were earnings in the employment of the employer
for whom he was working at the time of the accident :
Provided that the earnings of the workman under the
concurrent contract shall be taken into account only so
far as the workman is incapacitated from performing the
concurrent contract.
(4) Upon request of the workman to the employer liable
to pay compensation, that employer shall furnish in writing
a list of the earnings which have been earned by that
workman upon which the amount of the monthly earnings
may be calculated for the purposes of this section.
11.-(1) The compensation shall be payable to or for
the benefit of the workman, or, where death results from
the injury, to or for the benefit of his dependants as provided
by this Law.
(2) Where there are both total and partial dependants
nothing in this Law shall be construed as preventing ,the
compensation being allotted partly to the total and partly
to the partial dependants.
(3) Where a dependant dies before a claim in respect
of death is made under this Law, or, if a claim has been
made, before an order for the payment of compensation
has been made, the legal personal representative of the
dependant shall have no right to payment of compensation,
and the claim for compensation shall be dealt with as if
that dependant had died before the workman.
12.-(1) Compensation payable where the death of a
workman has resulted from an injury shall be paid to the
Court, and the Court may order any sum so paid in to be
apportioned among the dependants of the deceased workman
or any of them in such proportion as the Court thinks fit, or
in the discretion of the Court, to be allotted to any one such
dependant, and the sum so allotted to any dependant shall
be paid to him or be invested, applied or otherwise dealt
with for his benefit in such manner as the Court thinks fit.
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Where, on application being made in accordance with
any rules made under this Law, it appears to the Court
that, on account of the variation of the circumstances of
the various dependants, or for any other sufficient cause,
an order made under this sub-section ought to be varied,
the Court may make such order for the variation of the
former order as in the circumstances of the case the Court
may think just.
(2) Compensation payable under the provisions of
section 7 or 8 and lump sums payable under the provisions
of section 9 shall be paid to the Court, and any sum so
paid shall be paid to the person entitled thereto or be
invested, applied or otherwise dealt with for his benefit
in such manner as the Court thinks fit.
(3) Nothing in this section shall prevent an employer
from making any payment to a workman pending the
settlement or determination of the claim and the Court
may order that the whole or any part of such payment
shall be deducted from the amount of compensation payable
to him under the provisions of this section.
(4) Any other compensation payable under this Law may
be paid to the workman or to the Court and when paid to
the Court shall be paid by the Court to the person entitled
thereto.
(5) The receipt of the Registrar of the Court shall be a
sufficient discharge in respect of any amount paid to the
Court under the provisions of this Law.
(6) Any order or directions of the Court under this
section shall be final and no appeal shall lie therefrom.
13.-(1) Proceedings for the recovery under this Law
of compensation for an injury shall not be maintainable
unless notice of the accident has been given by or on behalf
of the workman as soon as practicable after the happening
thereof and before the workman has voluntarily left the
employment in which he was injured, and unless the
application for compensation with respect to such accident
has been made within six months from the occurrence of
the accident' causing the injury or, in the case of death
within six months from the time of death :
Provided that-
(a) the want of, or any defect or inaccuracy in, such
notice shall not be a bar to the maintenance of such
proceedings if the employer is proved to have had
knowledge of the accident from any other source
at or about the time of the accident or if it is found
in the proceedings for settling the claim that the
,employer is not, or would not, if a notice or an
Require-
ments as to
notice of
accident and
application
for com-
pensation.
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amended notice were then given and the hearing
postponed, be prejudiced in his defence by the want,
defect or inaccuracy, or that such want, defect or
inaccuracy was occasioned by mistake or other
reasonable cause ;
(b) the failure to make an application within the period
above specified shall not be a bar to the maintenance
of such proceedings if it is found that the failure
was occasioned by mistake or other reasonable cause.
(2) Notice in respect of an injury under this Law may be
given either in writing or orally to the employer (or if there
is more than one employer to one of such employers) or to
any foreman or other official under whose supervision the
workman is employed, or to any person designated for the
purpose by the employer, and shall give the name and
address of the person injured, and shall state in ordinary
language the cause of the injury and the date at which the
accident happened.
(3) The notice, if in writing, may be given by delivering
the same at or sending it by post in a registered letter
addressed to the residence or place of business of the
person to whom it is to be given.
(4) Where the employer is a body of persons, corporate
or unincorporate, a notice, if in writing, may also be given
by delivering it or by sending it by post in a registered
letter addressed to the employer, at the office, or, if there
be more than one office any one of the offices, of such body.
(5) The workman shall, if required by his employer,
supply to him such further particulars of the accident and
of the injury as the employer may reasonably require.
Special 14.-(1) There shall be kept constantly posted up in
provisions as some conspicuous place at or near every mine, quarry,
to notice
of accident factory or workshop where it may be conveniently read
in mines, by the persons employed, a summary, in. such form and
factories,etc. y
language as may be prescribed, of the requirements of this
Law, with regard to the giving of notice of accidents and
the making of claims, and, in the event of such summary
becoming effaced, obliterated or destroyed, it shall be
renewed with all reasonable dispatch.
(2) In the event of any non-compliance with the provisions
of sub-section (1) the manager of the mine, quarry, factory
or workshop shall be guilty of an offence and shall be liable
on conviction to a fine not exceeding five pounds.
In this sub-section the expression " manager " means
the person, company, association or partnership having
charge of any mine, quarry, factory or workshop or owning
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-the business thereof, and includes the manager, agent or
.other person acting or apparently acting in the general
management or control of any mine, quarry, factory or
workshop.
(3) The want of, or any defect or inaccuracy in, the notice
,of an accident required by the last preceding section of this
Law shall not be a bar to the maintenance of proceedings
for the recovery of compensation under this Law where the
employer is the owner of a mine or quarry or the occupier
of a factory or workshop -
(a) if such summary as aforesaid has not been posted up
in accordance with the provisions of this section ; or
(b) if the accident has been reported by the employer
in accordance with the provisions of sub-section (1)
of section 15 ; or
(c) if the accident has been entered in any register of
accidents kept by or on behalf of the employer at
the mine, quarry, factory or workshop ; or
(d) if the injury has been treated in an ambulance
room at the mine, quarry, factory or workshop.
15.-(1) When the death of a workman from any cause
whatever is brought to the notice of or comes to the
knowledge of his employer, the employer shall, as soon as
practicable after the occurrence of the death, give notice
thereof to the Commissioner of Labour or to such other
person as may be prescribed. Such notice shall state the
circumstances of the death of the workman if they are
known to the employer.
(2) Any employer who fails to comply with the provisions
,of sub-section (1) without reasonable cause shall be liable
to a fine not exceeding fifty pounds.
(3) Nothing contained in this section shall prevent any
person from making a claim for compensation under this
Law.
16.-(1) Where a workman has given notice of an accident
he shall, if the employer, before the expiry of seven days
from the time at which notice has been given, offers to
have him examined free of charge by a medical practitioner
named by the employer, submit himself for such examination
.and any workman who is in receipt of a periodical payment
under section 9 shall, if so required, submit himself for such
,examination from time to time but at reasonable intervals.
(2) The workman shall, when required, attend upon that
medical practitioner at the time and place notified to the
workman by the employer or that medical practitioner,
provided such time and place is reasonable.
Employer to
report the
death of a
workman.
Medical
examination
and
treatment.
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(3) In the event of the workman being, in the opinion
of any medical practitioner, unable or not in a fit state to
attend on the medical practitioner named by the employer,
that fact shall be notified to the employer, and the medical
practitioner so named shall fix a reasonable time and
place for a personal examination of the workman and shall
send him notice accordingly.
(4) If the workman fails to submit himself for such
examination, his right to compensation shall be suspended
until such examination has taken place ; and if such failure
extends for a period of fifteen days from the date when
the workman was required to submit himself for examination
under sub-section (2) or sub-section (3), as the case may be,
no compensation shall be payable, unless the Court is satisfied
that there was reasonable cause for such failure.
(5) The workman shall be entitled to have his own medical
practitioner present at such examination, but at his own
expense.
(6) Where the workman is not attended by a medical
practitioner he shall, if so required by the employer, submit
himself for treatment by a medical practitioner without
expense to the workman.
(7) If the workman has failed to submit himself for
treatment by a medical practitioner when so required
under the provisions of sub-section (6), or having; submitted
himself for such treatment has disregarded the instructions
of such medical practitioner, then if it is proved that such
failure or disregard was unreasonable in the circumstances
of the case and that the injury has been aggravated thereby,
the injury and resulting incapacity shall be deemed to be
of the same nature and duration as they might reasonably
have been expected to be if the workman had submitted
himself for treatment by, and duly carried out the in-
structions, of, such medical practitioner, and compensation,
if any, shall be payable accordingly.
(8) Where under this section a right to compensation is
suspended, no compensation shall be payable in respect
of the period of suspension.
(9) Notwithstanding anything contained in this section,
where a claim for compensation is made in respect of the
death of a workman, then if the workman failed to submit
himself to examination by a medical practitioner when so
required under the provisions of this section., or failed
to submit himself for treatment by a medical practitioner
when so required under the provisions of this section or
having submitted himself for such treatment disregarded
the instructions of such medical practitioner, and if it is
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proved that such failure or disregard was unreasonable
in the circumstances of the case and that the death of the
workman was caused thereby, the death shall not be deemed
to have resulted from the injury and no compensation shall
be payable in respect of the injury.
17.-(1) The employer and workman may, after the Agreement
as to injury in respect of which the claim to compensation has pensatioD.
arisen agree in writing as to the compensation to be paid
by the employer. Such agreement shall be in duplicate,
one copy to be kept by the employer and one copy to be
kept by the workman :
Provided that-
(a) the compensation agreed upon shall not be less
than the amount payable under the provisions of
this Law ; and
(b) where the workman is unable to read and under-
stand writing in the language in which the agree-
ment is expressed the agreement shall not be binding
against him unless it is endorsed by a certificate
of a Commissioner, or such other person as may be
prescribed, to the effect that he read over and
explained to the workman the terms thereof and
that the workman appeared fully to understand and
approve of the agreement.
(2) Any agreement made under sub-section (1) may on
application to the Court be made an order of the Court.
(3) Where compensation has been agreed the Court may,
notwithstanding that the agreement has been made an
order of the Court under the previous sub-section, on
application by any party within three months after the date
of the agreement, cancel it and make such order (including
an order as to any sum already paid under the agreement)
as in the circumstances the Court may think just, if it is
proved--
(a) that the sum paid or to be paid was or is not in
accordance with the provisions of sub-section (1) ; or
(b) that the agreement was entered into in ignorance of,
or under a mistake as to, the true nature of the
injury ; or
(c) that the agreement was obtained by such fraud,
undue influence, misrepresentation or other improper
means as would, in Law, be sufficient ground for
avoiding it.
18.-(1) If an employer on whom notice of the accident Determina.
has been served under section 13 does not within fourteen tion of
days after the receipt of the notice agree in writing with claims.
the workman as to the amount of compensation to be paid,
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the workman may, in the prescribed form and manner,
make an application for enforcing his claim to compensation
to the Court having jurisdiction in the district in which
the accident giving rise to the claim occurred.
(2) All claims for compensation under this Law, unless
determined by agreement, and any matter arising out of
proceedings thereunder shall be determined by the Court,
and the Court may, for that purpose, call upon any
Government Officer or any independent medical practi-
tioner to give evidence, if the Court is of opinion that such
officer or practitioner is, by virtue of his expert knowledge,
able to assist the Court.
Review. 19.-(1) Any periodical payment payable under this
Law either under agreement between the parties or under
an order of the Court, may be reviewed by the Court on the
application either of the employer or of the workman :
Provided that where the application for review is based
on a change in the condition of the workman any such
application shall be supported by a certificate of a medical
practitioner if the services of a medical practitioner are
available.
(2) Any periodical payment may, on review under this
section, subject to the provisions of this Law be continued,
increased, diminished, converted to a lump stun, or ended.
If the accident is found to have resulted in permanent
incapacity, the periodical payment shall be converted to
the lump sum to which the workman is entitled under the
provisions of section 7 or 8, as the case may be, less any
amount which he has already received by way of periodical
payments.
(3) Where application is made by an employer under this
section for any periodical payment to be ended or diminished
and the application is supported by the certificate of a
medical practitioner, the employer may pay into Court
the periodical payment, or so much thereof as is equal to
the amount by which he contends that the periodical
payment should be diminished, to abide the decision of the
Court made on a review under this section.
(4) In making a review under this section the Court shall
have regard only to the capacity for work of the workman
as affected by the accident.
Limitation 20. Subject to the provisions of sub-section (5) of section
power of
employer to 9, sub-section (4) of section 16 and sub-section (3) of section
e
end or 19, an employer shall not be entitled, otherwise than
decrease
periodical in pursuance of an agreement or an order of the Court--
payments. (a) to end periodical payments except--
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(i) where a workman resumes work and his
earuings are not less than the earnings which
he was obtaining before the accident, or
(ii) where a workman dies ;
(b) to diminish periodical payments except-
(i) where a workman in receipt of periodical
payments in respect of total incapacity has
actually returned to work, or
(ii) where the earnings of a workman in receipt
of periodical payments in respect of partial
incapacity have actually been increased.
21.-(1) Where in any proceedings under this Law on a
claim for compensation in respect of the death of a workman
the Court is satisfied that other or sufficient evidence as to
the dependency on the deceased workman of a person
claiming to be a dependant, residing outside the district
in which the proceedings are being taken, or as to the degree
of such dependency, cannot be procured, or cannot be
procured without undue hardship to the claimant or other
party to the proceedings, a statement as to the dependency
and as to the degree of dependency of the claimant signed
by the Commissioner of the district in which the claimant
resides shall be prima facie proof of the facts stated therein.
The signature of the Commissioner shall be admitted without
proof unless the Court shall have reason to doubt the
genuineness thereof.
(2) If in such proceedings any evidence is adduced which
in the opinion of the Court traverses the facts set out in
such statement or, if for any other reason, the Court thinks
fit, the Court may request a Court having jurisdiction in the
district in which a person claiming to be a dependant
resides, to investigate the fact of the dependency and the
degree of the dependency of such person. The record of any
such investigation including the finding of the Court thereon
shall be receivable as evidence in the proceedings, and a
certificate signed by the Registrar of the Court which has
conducted the investigation shall be sufficient proof of such
record and such signature shall be admitted without proof
unless the Court shall see reason to doubt the genuineness
thereof.
(3) Where a request is received by a Court from a Court
in another district for an investigation of any matter
arising out of proceedings for compensation instituted in
such other Court under this Law, the Court shall have
jurisdiction to conduct such investigation, and shall trans-
mit to such other Court the record of such investigation,
including its findings thereon, duly certified by the Re-
gistrar of the Court.
Jurisdiction
of the Court.
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Power of
the Court
to submit
questions
of law.
Liability
in case of
workman
employed by
contractors.
22. The Court may, if it thinks fit, submit any question
of law for the decision of the Supreme Court. Such sub-
mission shall be in the form of a special case in accordance
with rules made under this Law.
23.-(1) Subject to the provisions of this section and of
section 12 an appeal shall lie to the Supreme Court from
any order of the Court.
(2) Unless some substantial question of law is involved
in the appeal, no appeal shall lie, except with the leave of
the Court or of the Supreme Court, if the amount in dispute
in the appeal is less than fifty pounds.
(3) No appeal shall lie in any case in which the parties
have agreed to abide by the decision of the Court, or in which
the order of the Court gives effect to an agreement come to
by the parties.
(4) No appeal shall lie after the expiration of thirty days
from the date of the order of the Court :
Provided that the Supreme Court may, if it thinks fit,
extend the time for appealing under this section notwith-
standing that the time for appealing has elapsed.
24.-(1) Where any person (in this section referred to as
" the principal "), in the course of or for the purposes of
his trade or business, contracts with any other person
otherwise than. as a tributer (which other person is in this
section referred to as " the contractor ") for the execution
by or under the contractor of the whole or any part of any
work undertaken by the principal, the principal shall be
liable to pay to any workman employed in the execution
of the work any compensation under this Law which he
would have been liable to pay if that workman had. been
immediately employed by him ; and where compensation
is claimed from or proceedings are taken against the
principal, then, in the application of this Law, references
to the principal shall be substituted for references to the
employer, except that the amount of compensation shall
be calculated with reference to the earnings of the workman
under the employer by whom he is immediately employed.
(2) Where the principal is liable to pay compensation
under this section, he shall be entitled to be indemnified by
any person who would have been liable to pay compensation
to the workman independently of this section.
(3) Where a claim or application for compensation is
made under this section against a principal, the principal
shall give notice thereof to the contractor who shall there-
upon be entitled to intervene in any application made
against the principal.
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(4) Nothing in this section shall be construed as pre-
venting a workman recovering compensation under this
Law from the contractor instead of the principal.
(5) This section shall not apply in any case where the
accident occurred elsewhere than on, or in, or about premises
on which the principal has undertaken to execute the work
or which are otherwise under his control or management.
25. Where the injury in respect of which compensation -Remedies
against
is payable under this Law was caused under circumstances both
creating a legal liability in some person other than the employer
employer to pay damages in respect thereof- and stranger.
(i) the workman may take proceedings both against
that person to recover damages and against any
person liable to any compensation under this Law
for such compensation, but shall not be entitled to
recover both damages and compensation ; and
(ii) if the workman has recovered compensation under
this Law, the person by whom the compensation was
paid, and any person who has been called on to pay
an indemnity under the provisions of section 24.
relating to liability in case of workmen employed
by contractors, shall be entitled to be indemnified
as regards the amount of compensation, including
costs, by the person so liable to pay damages as
aforesaid, and any question as to the right to and
amount of any such indemnity shall, in default of
agreement, be determined by civil action or, by
consent of the parties, by arbitration under the Courts
of Justice Orders and Laws, 1927 to (No. 2) 1935. ''?'?(y["'"
(on'tso(
.31 1st iee
f)rdor,l9's7
45o' 1931
360_ [935.
26.-(1) Where the injury was caused by the personal Proceedings
negligence or wilful act of the employer or of some other entry ""Pent" me
person for whose act or default the employer is responsible, L.
nothing in this Law shall prevent proceedings to recover
damages being instituted against the employer in a Court
independently of this Law :
Provided that-
(a) a judgment in such proceedings whether for or
against the employer shall be a bar to proceedings
at the suit of any person by whom, or on whose behalf,
such proceedings were taken, in respect of the same
injury under this Law ;
(b) a judgment in proceedings under this Law whether
for or against the employer shall be a bar to pro-
ceedings at the suit of any person by whom, or on
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Governor in
Council may
by order,
require
employers
to insure.
Provision as
to cases of
bankruptcy
of employer.
whose behalf, such proceedings were taken, in
respect of the same injury independently of this Law;
(c) an agreement come to between the employer and
the workman under the provisions of sub-section (1)
of section 17 shall be a bar to proceedings by the
workman in respect of the same injury independently
of this Law.
(2) If in proceedings independently of this Law or on
appeal, it is determined that the employer is not liable under
such proceedings, the Court in which such proceedings
are taken or the appellate tribunal may proceed to determine
whether compensation under this Law is liable to be paid
to the plaintiff and may assess the amount of compensation
so payable, but may deduct from such compensation any
extra costs which in the opinion of the Court or appellate
tribunal have been incurred by the employer by reason of the
proceedings having been taken independently of this Law.
27.-(1) The Governor in Council may by order published
in the Gazette require any employer or class of employers
to insure and keep himself or themselves insured, with such
insurers as may be approved by the Governor, in respect
of any liability which they may incur, under the provisions
of this Law, to any workman employed by them.
(2) Any employer who acts in contravention of sub-
section (1) of this section shall be liable to a fine not
exceeding five pounds for every day during which the
default continues.
28.-(1) Where any employer has entered into a contract
with any insurers in respect of any liability under this
Law to any workman, then, in the event of the employer
becoming bankrupt, or making a composition or arrange-
ment with his creditors, or, if the employer is a company,
in the event of the company having commenced to be
wound up or a receiver or manager of the company's
business or undertaking having been duly appointed, the
rights of the employer against the insurers as respects
the liability shall, notwithstanding anything contained in
any laws relating to bankruptcy and. the winding-up of
companies for the time being in force, be -transferred to and
vest in the workman, and upon any such transfer the
insurers shall have the same rights and remedies and be
subject to the same liabilities as if they were the employer:
Provided that the insurers shall not be under any greater
liability to the workman than they would have been under
to the employer.
(2) If the liability of the insurers to the workman is less
than the liability of the employer to the workman, the
workman may prove for the balance in the bankruptcy
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23
or liquidation, or, as the case may be, he may recover the
balance from the receiver or manager.
(3) There shall be included amongst the debts which-
(i) under section 38 of the Bankruptcy Law, 1930, 8 of 1930.
are in the distribution of the property or assets of
a bankrupt, to be paid in priority to all other
debts ; and
(ii) under section 130 of the Companies (Limited Liabi- 1
11 8 of 1922
lity) Laws, 1922 to 1940, are in the winding-up of 4 of 1934
a company to be paid in priority to all other debts, 20 of 1938
the amount due in respect of any compensation or liability 17 of 1940.
for compensation accrued before the following dates that
is to say :-
(a) in the first case the date of the receiving order ; and
(b) in the second case the date of commencement of
the winding-up of the company.
Where the compensation is a periodical payment, the Amended by
amount due in respect thereof shall, for the purposes of this 11 of 1944.
provision be taken to be the amount of the lump sum for
which the periodical payment could, if redeemable, be
redeemed if the employer made an application for that
purpose under this Law.
(4) The provisions of sub-section (3) ;shall not apply where
the bankrupt has entered into such a contract with in-
surers as is referred to in sub-section (1).
29.-(1) This Law shall aply to masters, seamen and Application
to persona
apprentices to the sea service, provided that such persons employes on
are workmen within the meaning of this Law, and are s i,1ps.
members of the crew of any ship registered in the Colony,
or of any other British ship or vessel of which the owner,
or (if there is more than one owner) the managing owner,
or manager resides or has his principal place of business
in the Colony, subject to the following modifications:--
(a) the notice of accident and the claim for compen-
sation may, except where the person injured is the
master, be given to the master of the ship as if he
were the employer, but where the accident happened
and the incapacity commenced on board the ship
it shall not be necessary to give any notice of the
accident ;
(aa) the provisions of section 14 of this Law shall Inserted by
apply to ships and the masters thereof in like manner ' of 1944.
as they apply to mines, quarries, factories and
workshops and the. lnanage.r,~ thereof
(b) in the case of the death of the master, seaman or
apprentice, the application for compensation shall
be made within three months after news of the
death has been received by the claimant ;
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24
(c) where the injured master, seaman or apprentice
is discharged or left behind in a British possession
or in a foreign country, depositions respecting the
circumstances and nature of the injury may be
taken by any Judge or Magistrate in. the British
possession, and by any British Consular Officer in
the foreign country, and if so taken shall be
transmitted by the person by whom they were
taken to the Governor, and such depositions or
certified. copies thereof shall in any proceedings
for enforcing the claim be admissible in evidence
as provided in sections 691 and 695 of the Merchant
Shipping Act, 1894, and those sections shall apply
accordingly ;
(d) in case of the death of a master, seaman or
apprentice leaving no dependants, no compensation
shall be payable, if the owner of the ship is under
the Merchant Shipping Act, 1894, liable to pay
expenses of burial ;
(c) the periodical payment shall not be payable in
respect of the period during which the owner of the
ship is, under any Law in force for the time being
in the Colony relating to merchant shipping, liable
to defray the expenses of maintenance of the
injured master or seaman or apprentice ;
(f) any sum payable by way of compensation by the
owner of the ship under this Law shall be paid in
full notwithstanding anything in section 503 of the
Merchant Shipping Act, 1894, (which relates to the
limitation of shipowner's liability in certain cases
of loss of life, injury or damage), but the limitation
of the owner's liability imposed by that section shall
apply to the amount recoverable by way of indemnity
under section 25 (relating to remedies both against
employer and stranger) as if the indemnity were
damages for loss of life or personal injury ;
(q) sub-sections (2) and (3) of section 174 of the
Merchant Shipping Act, 1894, (which relate to the
recovery of wages of seamen lost with their ship),
shall apply as respects proceedings for the recovery
of compensation by dependants of masters, seamen
and apprentices lost with their ship as they apply
with respect to proceedings for the recovery of wages
due to seamen and apprentices ; and proceedings
for the recovery of compensation shall in such a case
be maintainable if the application is made within
six months of the date at which the ship is deemed
to have been lost with all hands.
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(2) This Law shall not apply to such members of the crew
of a fishing vessel as are remunerated wholly or mainly
by shares in the profits or the gross earnings of the working
of such vessel, except in such cases and subject to such
modifications as the Governor in Council may by order
provide.
(3) This Law shall also apply to any person not being a
master, seaman or apprentice to the sea service, employed
on board any such ship as is mentioned in this section, if he
is so employed for the purposes of the ship or of any
passengers or cargo or mails carried by the ship, and if he
is otherwise a workman within the meaning of this Law.
(4) In this section unless the context otherwise requires-
" ship ", " vessel ", " seaman " and " port " shall
have the same meaning as in the Merchant Shipping Act,
1894 ;
" master" in relation to a ship means the ship's
husband or other person to whom the management of
the ship is entrusted by or on behalf of the owner.
30. Any contract or agreement whether made before or Contracting
after the commencement of this Law, whereby a workman out-
relinquishes any right of compensation from an employer
for injury arising out of and in the course of his employment
shall be null and void in so far as it purports to remove or
reduce the liability of any person to pay compensation
under this Law :
Provided that a workman, who has obtained compensa-
tion in respect of permanent partial or permanent total
incapacity, may enter into a contract reducing or giving
up his right to compensation under this Law in respect of
any future personal injury by accident if such contract is
certified to be fair and reasonable by the Commissioner of
Labour or such other person as may be prescribed.
31. Compensation payable under this Law shall not be Compen-
capable of being assigned, charged or attached, and shall cation not to
not pass to any other person by operation of law, nor shall be assigned,
charged or
any claim be set off against such -compensation. attached.
32.-(1) The Governor in Council may make rules Returns by
prescribing such returns as he shall think fit to be made employer
by employers and by insurers carrying on in the Colony and insurer.
the business of insuring employers against their liabilities
under this Law,
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(2) Any person required to make a return under this Law
who fails to make the return within the time within which
he is required to make the return, or who makes or causes
to be made a return which is false in any particular, or on
being so required fails to give any information or explana-
tion respecting the return which it is in his power to give,
shall be liable to a fine not exceeding twenty pounds and
in the case of a continuing offence to a fine not exceeding
one pound for every (lay during which the default con-
tinues.
(3) Where a person convicted of an offence against this
Law is a company, the chairman and every director and
every officer of the company shall be guilty of
a like offence unless he proves that the act or omission
constituting the offence took place without his knowledge
or consent.
Power to 33.-(1) The Governor in Council may make rules:-
make rulos. (a) prescribing procedure and forms ;
(b) for matters which are specifically mentioned in
this Law as being matters which may be prescribed ;
(c) generally for carrying out the objects and pro-
visions of this Law.
(2) The Chief Justice, with the approval of the Governor,
may make rules of Court for regulating proceedings before
the Court under the provisions of this Law and for the fees.
payable in respect thereof.
Rules as to
transfer of
funds.
34.-(1) Where an arrangement has been made whereby
sums awarded under the law relating to workmen's compen-
sation in the Colony to beneficiaries resident or becoming
resident in the United Kingdom or in any other part of His
Majesty's dominions, and sums awarded under the law
relating to workmen's compensation in the United Kingdom
or in such other part of His Majesty's dominions to benefi-
ciaries resident or becoming resident in the Colony, may,
at the request of the authority by which the award is made,
be transferred to and administered by a competent authority
in. the United Kingdom or in such other part of His Majesty's
dominions or in the Colony, as the case may be, the
Governor in Council may make rules-
(a) for the transfer, in such manner as may be provided
by the arrangement, to the United Kingdom or that
part of His Majesty's dominions with which the
arrangement is made of any money in the disposition
of the Court, applicable for the benefit of any person
resident in or about to reside in the United Kingdom
or such other part of His Majesty's dominions ;
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(b) for the receipt and administration by an officer
appointed by the Governor for this purpose of any
money which under any such arrangement has been
transmitted from the United Kingd"om or the part
of His. Majesty's dominions with which the arrange-
ment has been made as money applicable for the
benefit of any person resident or about to reside in the
Colony.
(2) For the purposes of this section " His Majesty's
dominions " includes British protectorates and protected
States and territories in respect of which a mandate on
behalf of the League ' of Nations has been accepted by His
Majesty.
35. This Law shall come into operation on a date Repeal and
to be fixed by the Governor by notice in the Gazette and Gomm nee.
thereupon Part II of the Mines Regulations (Amendment) ment of the
Law, 1925, and the First Schedule thereto shall be repealed. i2 f 1925.
SCHEDULE.
(SECTION 3.)
Injure.
Percentage of
Incapacity.
Loss of two limbs .. .. ..
Loss of both hands or of all fingers, and thumbs
Loss of both feet .. .. .. ..
Total loss of sight .. .. ..
Total paralysis .. .. .. .. 100
Injuries resulting in being permanently
bedridden
Any other injury causing permanent total
disablement , . .. J
Loss of arm at shoulder .. .. .. 60
Loss of arm between elbow and shoulder .. 50
Loss of arm at elbow .. .. .. .. 47-1
Loss of arm between wrist and elbow .. .. 45
Loss of hand at wrist .. .. .. .. 42
Loss of four fingers and thumb of one hand .. 42 z
Loss of four fingers .. .. .. .. 35
Loss of thumb-both phalanges.. .. .. 35
one phalanx .. .. .. 10
Loss of index finger-three phalanges .. .. 10
two phalanges .. .. 8
one phalanx .. , . 4
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Injury.
Percentage of
Incapacity.
Loss of middle finger-three phalanges..
..
6
two phalanges
..
..
4
one phalanx
..
..
2
Loss of ring finger--three phalanges
..
..
5
two phalanges
..
..
4
one phalanx
..
..
2
Loss of little finger-three phalanges
..
..
4
two phalanges
..
..
3
one phalanx
..
..
2
Loss of metacarpals-first or second (additional)
3
third, fourth
(additional)
or
..
fifth
..
2
Loss of leg-at or above knee ..
..
..
70
below knee .. ..
..
..
40
Loss of foot .. .. ..
..
..
40
Loss of toes-all of one foot ..
..
..
15
great, both phalanges
..
..
5
one phalanx..
..
2
other than great, if more than one
toe lost, each ..
..
..
1
Loss of sight of one eye .. ..
..
..
30
Total loss of hearing .. ..
..
..
50
Total permanent loss of the use of a member shall be
treated as loss of such member.
In the case of a right-handed workman, an injury to the
left arm or hand and in the case of a left-handed workman,
to the right arm or hand shall be rated at ninety per cent.
of the above percentages.
Where there is loss of two or more parts of the hand, the
percentage of incapacity shall not be more than f'or the
loss of the whole hand.
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