WORKMEN'S COMPENSATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Preliminary

   2   Interpretation

 

PART II
Compensation

   3   Employers' liability for compensation

   4   To whom compensation payable

   5   Amount of compensation

   6   Method of calculating wages

   7   Review of half-monthly payment

   8   Payment of lump sum in lieu of half-monthly payment

   9   Cases in which employer may alter half-monthly payment

   10   Distribution of compensation

   11   Compensation not to be assigned, attached or charged

 

PART III
Conditions of Compensation

   12   Requirements as to notice of accidents and claim for compensation

   13   Half-monthly payments to cease on workman ceasing to reside in Island

   14   Medical examination after notice of accident

   15   Medical examination of workman receiving payments

   16   Suspension of right

   17   Agreements for payment of compensation

   18   Sub-contracting

 

PART IV
Alternative Remedies

   19   Election by workman of remedy against employer

   20   Remedies against employer and stranger

 

PART V
Insolvency or Bankruptcy of Employer

   21   Provisions as to cases of insolvency or bankruptcy of employer

   22   Employer liable for compensation to disclose insurer

 

PART VI
Application to Special Classes of Persons

   23   Act not to apply to workman appointed to the service of the Island

   24   Application to workman employed by local authority

   25   Application to persons employed on ships

 

PART VII
Procedure

   26   Workman's right to apply for compensation if no amount agreed in four weeks

   27   Application to be made to Board

   28   Application for compensation to be lodged with the Clerk of the Courts

   29   Copy of application and particulars; to be served on respondent

   30   Resident Magistrate to have power and jurisdiction of Resident Magistrate's Court

   31   Resident Magistrate may adjourn hearing for twelve months where there is doubt as to degree of incapacity

   32   Appeals to the Court of Appeal

 

PART VIII
Miscellaneous

   33   A person physically infirm may agree with employer to accept less than the prescribed compensation

   34   No right to contract out of Act

   35   Appointment of Workmen's Compensation Boards

   36   Medical referees

   37   Employers to make returns of injuries

   38   Regulations

   39   Workmen's compensation not to be payable in respect of war injuries

   40   Industrial diseases

   41   Application to prescribed diseases of provisions as to benefit and claims

      SCHEDULE

 

THE WORKMEN'S COMPENSATION ACT

[Date of Commencement: 30th July, 1938]

Cap 418.

Laws
57 of 1954,
24 of 1960.

Acts
42 of 1969,
36 of 1976.

1   Short title

   This Act may be cited as the Workmen's Compensation Act.

PART I
Preliminary

2   Interpretation

   (1) In this Act-

   "adult" and "minor" mean respectively a person who is not and a person who is under the age of seventeen years;

   "agriculture" includes horticulture and the cultivation of the ground for any purpose, sowing seeds, planting, removing crops, animal husbandry and forestry;

   "agricultural holding" means agricultural land which is occupied or farmed or managed as a single unit; and includes two or more parcels of such land contiguous one to another;

[57/1954 s 2(a).]

   "dependents" means-

[24/1960 s 2(1); 36/1976 Sch.]

   (a)   such of the members of a workman's family as were wholly or in part dependent upon the wages of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent,

   (b)   such of the following persons as were wholly or in part dependent upon the wages of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent, that is to say any minor not being a member of the workman's family;

   (c)   any other person who satisfies the tribunal that immediately before the occurrence of the accident his relationship with the workman was such as to render him wholly dependent upon the wages of the workman and that either-

         (i)   there are no such dependents as are referred to in paragraphs (a) and (b), or

         (ii)   special circumstances exist which justify that person's being treated as a dependent within the meaning of paragraph (a):

   Provided that a person shall not be deemed to be a partial dependent of another person unless he was dependent partially on contributions from that other person for the provision of the ordinary necessaries of life suitable for persons in his class and position;

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