ARMED FORCES (AMENDMENT) (NO.1)
REGULATIONS, 2000 [CI. 29]
The Armed Forces (Civilian
Employees) Regulations, 1977 L.I.
1114 (A.F.) are amended as
follows by insertion after
article 315. 02 to 315.99 of the
following:
CHAPTER 316
COMPENSATION FOR DEATH, INJURY
OR DISEASE ATIRIBUTABLE TO
SERVICE WITH THE ARMED FORCES
(CIVILIAN EMPLOYEES)
316.01 Interpretation
In this Chapter, unless the
context otherwise requires,
"Dependant Child" means
unmarried child under the age of
18 or a person in a training
institution;
"Dependant parent" means a
parent who had been depending
upon the deceased for at least
one half of his or her financial
support at the time of the
deceased's death;
"Civilian employee" in a case of
a deceased employee includes
his/her personal representative;
"Minister" means the Minister of
Defence.
316.02 Condition of award
(1) Compensation shall be
payable where the Minister
accepts that injury or disease
resulting in disablement or
death is attributable to, or has
been aggravated by, service with
the Armed Forces.
(2) No compensation shall be
paid to a civilian employee or
his estate where the death,
injury or disease has been
caused by,
(a) his
wilful misconduct; or
(b) his
wilful intent to bring about the
death, injury or disease.
(3) Without prejudice to the
generality of this article,
death, injury or disease of a
civilian employee shall be
deemed to be attributable to
service with the Armed Forces in
the absence of any wilful
misconduct or wilful intent when
(a) the
death, injury or disease
resulted as a natural
consequence of performing
official functions as an
employee of the Armed Forces;
-
(b) the
death, injury or disease
resulted from an accident
sustained by a civilian
employee at his place of work if
his presence there was connected
with his official functions as
an employee of the Armed Forces;
(c) the
death, injury or disease
resulted from an accident
sustained by a civilian
employee whilst serving as an
employee of the Armed Forces and
immediately before the accident
such civilian employee was en
route to or from his residence
to a place where his presence
was required for the performance
of official functions as an
employee of the Armed Forces;
(d) the
death, injury or disease was
directly due to the presence of
the civilian
employee in an area involving
special hazards to the health or
security of the civilian
employee as a result of such
hazards, and his presence there
was required for the performance
of his official functions as an
employee of the Armed Forces;
(e) the
death, injury or disease
occurred as a direct result of
travelling by
means of transportation
furnished by or at the expense
or direction of the Armed Forces
in connection with the
performance of official
functions.
(4) For the purposes of
providing compensation for
death, injury or disease, a
student nurse or a candidate in
training under the sponsorship
of the Armed Forces for
employment by the Armed Forces
shall be deemed to be a civilian
employee.
(5) The death, injury or disease
resulting from an accident
sustained by any person en route
to or from his residence to a
place where his presence is
required as part of an
employment process shall be
deemed to be attributable to
service with the Armed Forces as
if he had been employed
immediately before the accident.
(6) The compensation payable
under these Regulations shall be
in full satisfaction of any
claim to which any civilian
employee or his estate may be
entitled under any law or
Regulations except that no
compensation under these
Regulations shall prevent the
subsequent payment of any award
of death gratuity, and other
benefits prescribed for the
Civilian Employees of the Armed
Forces under the terms and
conditions of employment.
(7) Notwithstanding any
provisions on retirement pay, a
civilian employee who suffers a
permanent total incapacitation
or a disability specified to be
100 percent under the Tables to
Article 316. 07 or 316. 08 shall
be retired on full pay provided
the incapacity or disability is
attributable to, or aggravated
by, service with the Armed
Forces.
316.03 Claims against third
parties
(1) If a death, injury or
disease for which compensation
may be payable is caused in
circumstances which create a
legal liability on a third
person or organisation to pay
damages therefor to a civilian
employee, the Minister may,
conditional to granting such
compensation, require the
civilian employee to assign to
the Minister any right of action
to enforce such a liability, or
participate with the Minister in
prosecuting such action.
(2) The civilian employee shall
furnish the Minister with such
data and evidence as may be
available to him for prosecuting
such action and render the
Minister any assistance which
may be required for prosecuting
such action. He shall not settle
any claim or action against such
third person or organisation
without the consent of the
Minister, but the Minister shall
be entitled to settle or require
the employee to settle any claim
or action against such third
person upon such terms as seem
reasonable to the Minister.
(3) If a civilian employee
either on his own or jointly
with the Minister settles any
claim against such claims, the
proceeds derived therefrom shall
be used,
(a) to
defray the cost of the suit or
settlement, including reasonable
fees; and
(b) to
reimburse the Minister for any
compensation including expenses
of
medical and funeral services
provided by the Minister with
respect to the death, injury or
disease, and
the balance shall be paid over
to the estate of the civilian
employee and the Ministry's
liability shall to that extent
be reduced.
316.04 Non-assignability
(1) A civilian employee who may
be entitled to compensation
under these regulations may not
assign his rights to another
person.
316. 05 Compensation for death
(1) In the event of death of a
civilian employee which is
attributable to service with the
Armed Forces, the Minister shall
be responsible for
(a) the
preparation of the remains and
all reasonable funeral expenses;
(b) transportation
expenses where transport is not
provided; and
(c) all reasonable
medical, hospital and directly
related expenses incurred by
the civilian employee or his
personal representative.
316.06 Survivor's benefits
(1) In the event of the death of
a civil ian employee which is
attributable to service with the
Armed forces, the amount of
compensation shall be a sum
equal to sixty month's earnings.
(2) Where the deceased made a
nomination the compensation
payable shall be considered as
forming part of his death
benefits.
316.07 Compensation for injury
(1) Where permanent total is the
result of from an injury the
amount of compensation shall be
a sum equal to ninety-six
month's earnings.
(2) Where it is accepted that an
injury of a civilian employee
resulting in disability is
attributable to, or has been
aggravated by service with the
Armed Forces, the Minister shall
provide the civilian employee with
the necessary medical service or
pay all reasonable medical,
hospital and directly related
expenses incurred by him.
(3) In the case of injury
resulting in permanent total
disability the amount of
compensation shall be
(a) in the
case of an injury specified in the
Table under this Article, a
percent-
age of the compensation which
would have been payable in the
case of permanent total disability
specified therein as being the
percentage of the loss of earning
ability caused by that injury;
(b) in the case of
an injury not specified in the
Table under this Article,
compensation which would have been
payable in the case of permanent
total disability and
proportionate to the loss of
earning ability caused by the
injury.
(4) Where more injuries than one
are caused by the same accident,
the amount of compensation payable
under the provisions of this
Article shall be aggregated, but
not so in any case as to exceed
the amount which would have been
payable if permanent total
disability had resulted from the
injuries.
TABLE TO ARTICLE 316.07
Injury
1.Loss
of two limbs
...................................................
.
2.Loss
of both hands or of all fingers
and thumbs . .
3.Loss
of both feet
....................................................
.
4.Total
loss of sight
...................................................
.
5.Total
paralysis
........................................................
.
6.Injuries
resulting in being permanently
bed-ridden .
7.Any
other injury causing permanent
total disablement .
8.Loss
of arm at shoulder
........................................
.
9.Loss
of arm between elbow and shoulder
.......... .
10.Loss
of arm at elbow
...........................................
.
11.Loss
of arm between wrist and elbow
............... .
12.Loss
of arm at wrist
.............................................
.
13.Loss
of four fingers and thumb of one
hand ..... .
14.Loss
of four fingers of one hand
........................ .
15.Loss
of thumb-both phalanges
.......................... .
16.Loss
of thumb one phalanx
................................ .
17.Loss
of index finger-three phalanges
................ .
18.Loss
of index finger-two phalanges
.................. .
19.Loss
of index finger-one phalanges
.................. .
Percentage of Injury
Disability
100 100 100 100 100 100 100
80
70 70 70 70 50 50 35 10 15 10
20.Loss
of middle tinger-three phalanges
............. .
21.Loss
of middle finger-two phalanges
............... .
22.Loss
of middle finger-one phalanx
.................... .
23.Loss
of ring finger-three phalanges
.................. .
24.Loss
of ring finger-two phalanges
..................... .
25.Loss
of ring finger-one phalanges
.................... .
26.Loss
of little finger-three phalanges
.................. .
27.Loss
of little tinger-two phalanges
..................... .
28.Loss
of little finger-one phalanx
......................... .
29.Loss
of metacarpals-first second
(additional) . .
30.Loss
of metacarpals-third, fourth or
fifth (additional) .
31.Loss
of leg-at or above knee
............................. .
32.Loss
of leg-below knee
......................................
.
33.Loss
of foot
..........................................................
.
34.Loss
of toes-all on one foot
................................ .
35.Loss
of toe-great, both phalanges
.................... .
36.Loss
of toe-great, one phalanx
.......................... .
37.Loss
of toe other than great
............................... .
38.Loss
of sight of one eye
.....................................
.
39.Loss
of hearing one ear
.....................................
.
40.Loss
of remaining eye by one-eyed
workman . .
41.Total
loss of hearing
............................................
.
42.Loss
of remaining leg by one-legged
workman .
43.Loss
of remaining arm by one-armed
workman .
44.Loss
of mental capacity
......................................
.
45.Loss
of upper or lower central incisor
............... .
46.Loss
of upper or lower lateral incisor
................ .
47.Loss
of upper or lower canine
............................ .
48.
Loss of anyone posterior tooth,
that is to say premolar or molar.
49.Fracture
of upper or lower jaw
............................ .
Percentage of Disability
10
6 4 6 5 3 5 4 3 4 3
75
60 40 20 10
3
2 40 15 100
100 100 100 100
3
2 2 1
25
316.08. Compensation for
disfiguring injury
(1) If personal injury of the
description specified in any entry
in column 1 of the Table to this
Article by accident attributable
to military service is caused to a
civilian employee, the Minister
of Defence shall pay as
compensation an amount for such
injury determined by the Minister
not exceeding such percentage of
the compensation payable in case
of permanent total disability as
specified in the corresponding
entry in column II of the Table.
(2) The compensation payable
under paragraph (1) of this
article shall be irrespective of
whether or not any compensation is
payable under any other provision
of this regulation; so however
that any mutilation in respect of
which compensation is provided
under the Table under Article
313.12 shall not rank as
disfigurement under the Table to
this Article.
(3) Where more injuries than one
are caused by the same accident,
the amount of compensation payable
under this article shall be
aggregated, but not so in any case
as to exceed the amount which
would have been payable if
permanent total disability had
resulted from the injuries.
(1)
Mutilation or amputation of one
ear .
(2)
15
(3) (4) (5) (6)
Deformity of the hand through the
loss all the three Phalanges of a
finger
and the metacarpals of the hand
.
Mutilation or amputation of nose
.
Conspicuous deformity of face
generally .
Conspicuous deformity of external
appearance generally, other than
face
Functional loss of genital organs
.
20
30 50 40 85
316.09 Occupational
disease
(1) The Minister may, by
instructions published for the
guidance of civilian employees
extend the provisions of this
chapter to disablement or death
certified as caused by any
disease specified in the
instructions, and compensation
shall, subject to the provisions
of this article be payable as if
any disease so specified, if the
disease is due to the performance
of duty and contracted within a
period of twelve months previous
to the date of the civilian
employee's disablement, were a
personal injury attributable to
military service.
(2) The Minister may specify in
any instructions made under this
Article that any disease shall,
unless otherwise certified by a
medical board or unless the
Minister can prove to the
contrary, be deemed to arise in
the course of duty if the officer
or man who contracts any such
disease was within a period of
twelve months previous to the date
of disablement by such disease
engaged in the process or
processes specified in the
instructions in relation to that
disease.
(3) No compensation shall be
payable under the provisions of
this Article in respect of
disablement or death of a civilian
employee if the disablement begins
or the death happens as the case
may be more than twelve months
after the civilian employee has
ceased to be a civilian employee
of the Armed Forces, but if the
incubation period of the disease
is more than twelve months, such a
period shall be taken into
account, except where the death of
a civilian employee has been
preceded by any period of
disablement due to the disease
causing the death in respect of
which the Minister is liable under
this regulation.
316. 10 International claims
(1) Where death, injury or disease
for which compensation may be
payable occurs while a civilian
employee is in the service of or
on secondment to, an international
body or organisation the Minister
may claim from such a body or
organisation compensation based on
the rates applicable to the
permanent employees of the body or
organisation.
(3) The Board may be consulted by
the Minister on any matter
connected with the implementation
and administration of the
regulations.
(4) For the purpose of advising
the Minister on the eligibility or
entitlement of a claimant, the
Board may require a claimant, or
other persons claiming on his
behalf or a medical officer
involved in the claim to appear
before the Board or to produce
such documentary or medical
evidence as the Board may require
in support of the claim.
(5) Failure to provide any
evidence required by the Board or
refusal to appear before the Board
when required may bar payment of
compensation.
(6) The Advisory Board may make
arrangements for a Medical Board
to be consulted on the medical
aspects of a claim.
(7) A claim for compensation shall
be submitted in the form
prescribed under the table below
to the Commanding Officer or Head
of Department of the affected
civilian employee who shall
forward it to the General
Headquarters of the Armed Forces.
TABLE TO ARTICLE 316.12 PART I
APPLICATION FOR COMPENSATION FOR
INJURY OR DISEASE ATfRlBUTABLE TO
SERVICE WITH THE ARMED FORCES
1.
I
hereby apply for compensation for
(injury/disease, death) under the
terms of Chapter 316 of Armed
Forces Regulations (Civilian
Employees).
2.No:
.................. Status:
...................... Name:
.......................................
.
..............................................................
.. Unit:
.....................................
.
3.
I
assign my right to enforce this
claim against the tort feasor to
the Minister of Defence and no
other person shall have the right
to pursue this claim.
4.
1
understand and agree to offer any
assistance which may be requested
by the Minister of Defence for
the pursuance of this claim and I
shall have no right of indemnity
or damages against the Minister or
any officer or man for any loss or
damage which I may suffer as a
consequence of any negligence or
breach of contract in or arising
out of the enforcement of this
claim.
5.Give
brief facts of case (attach
documentary proof)
......................... .
Date:
...................................
.
Signature of Applicant
(2) The amount of compensation
payable by the Minister to a
civilian employee or his
beneficiary shall be based on his
local earnings in Ghana.
316. 11 Reporting of death, injury
or disease
(1) Death, injury or disease which
appears to be attributable to
service with the Armed Forces
shall be reported as soon as
practicable to the General
Headquarters of the Armed Forces
and to the Military Hospital or
the Local Medical Reception
Station.
(2) In addition, in the
case of all fatal and other
serious accidents, the Commanding
Officer or Head of Department of
the victim shall convene a Board
of Inquiry to investigate and
report upon the accident giving in
particular,
(a) the date,
time and place of the accident;
(b) the name
of all persons present;
(c) the
details of actual duties being
performed at the time of the
accident;
(d) the statement of
witnesses;
(e) the most
complete and obtainable medical
report or information;
(j) the names of all
persons injured distinguishing
between civilian employees
and other personnel;
(g) the report
of any pending proceedings or
actual findings of a Civil Court,
the report of the board and the
comments of the Commanding Officer
or Head of Department shall be
forwarded to the Advisory Board on
Compensation Claims through the
General Headquarters of the Armed
Forces.
316. 12 Advisory Board on
compensation claims
(1) There shall be established an
advisory board on compensation
claims which shall be composed of
the following:
(a) the
Director-General of Personnel
Administration as Chairman;
(b) the
Director of Legal Services;
(c) the
Director of Medical Services;
(d) the Defence
Financial Controller;
(e) the
Director of Civilian
Establishment; and
(j) , the Assistant
Director of Legal
Services-Member/Secretary.
(2) The Board shall make
recommendations through the Chief
of Defence Staff to the Minister
concerning claims for compensation
under these Regulations.
PART VI COMMENTS/COMMENDATION BY
DLS/DMR
Date: .
Signature of DLSIDMR
PART VII COMMENTS/RECOMMENDATION
BY CDS
................................................................................................................................................
Date: .
Signature of CDS
PART VIII
APPROVAL BY MINISTER OF DEFENCE
................................................................................................................................................
Date: .
Signature of Minister of Defence
[Date of Gazette
notification: 12th May, 2000]
Entry into force: 18th May,
2000]
HEAD OF DEPARTMENT/CO'S COMMENTS
Date: .
Signature of Head of Dept/CO
PART II DIRECTOR-GENERAL/FORMATION
COMMANDER'S COMMENTS
Date: .
Signature of DOlFmm Comd
PART III
SERVICE COMMANDER'S COMMENTS
Date: .
Signature of Svc Comd
PART IV
RECOMMENDA nON/COMMENTS BY DMS
Date: .
Signature of DMS
PART V COMMENTS/RECOMMENDATIONS BY
DFC
Date: .
Signature of DFC |
