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IN exercise of the powers
conferred on the Armed Forces
Council by Article 214(2) of the
Constitution and with the approval
of the President, these
Regulations are made this 24th day
of November, 1999.
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 ATTRIBUTABLE TO SERVICE
WITH THE ARMED FORCES (CIVILIAN
EMPLOYEES)
Interpretation
316.01 In this chapter, unless the
context otherwise requires
(1) "Dependant Child" means
unmarried child under the age of
18 or a child in a training
institution.
(2) "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.
(3) "Civilian employee" in a case
of a deceased employee includes
his/her personal representative.
(4) "Minister" means the Minister
of Defence.
Condition of Award
316.02 (1) Compensation shall be
payable where the Ministry 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 enroute 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 direct result of
travelling by means of transport
furnished by or at the expense or
direction of the Armed Fores in
connection with the performance of
official functions.
(4) For the purpose 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 retired pay, a civilian
employee who suffers a permanent
total incapacitation or a
disability specified to be 100 per
centum under the Tables to Article
316.07 or 316.08 shall be retired
on full pay provided the
incapacity or disability is
accepted by the Ministry to be
attributable to, or aggravated by,
service with the Armed Forces.
Claims Against Third Parties
316.03 (1) If a death, injury or
disease for which compensation may
be payable is caused in
circumstances which, in the view
of the Ministry, create a legal
liability on a third person or
organisation to pay damages
therefore to a civilian employee,
the Ministry may, as a condition
to granting such compensation,
require the civilian employee to
assign to the Ministry any right
of action to enforce such a
liability, or participate with the
Ministry in prosecuting such
action.
(2) The civilian employee shall
furnish the Ministry with such
data and evidence as may be
available to him for prosecuting
such action and render the
Ministry all other 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 Ministry, but the Ministry
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 Ministry.
(3) If a civilian employee either
on his own or jointly with the
Ministry 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 Ministry for
any compensation including
expenses of medical and funeral
services provided by the Ministry
with respect to the death, injury
or disease; the balance shall be
paid over to the estate of the
civilian employee and the
Ministry's liability shall to that
extent be reduced.
Non Assignability
316.04 (1) A person who may be
entitled to compensation under
these regulations may not assign
his rights to another person.
Compensation for Death
316.05 (1) In the event of death
of a civilian employee which is
attributable to service with the
Armed Forces, the Ministry 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.
Survivors Benefits
316.06 (1) In the event of the
death of a civilian employee which
is attributable to service with
the Armed Forces, the amount of
compensation shall be a sum equal
to sixty months earnings.
(2) Where the deceased made a
nomination the compensation
payable shall be considered as
forming part of his death
benefits.
Compensation for Injury
316.07 (1) Where permanent total
incapacity results from an injury
the amount of compensation shall
be a sum equal to ninety-six
months 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 Ministry 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 percentage 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
Percentage of
Disability
1. Loss of two limbs .. ..
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 100
2. Loss of both hands or of all
fingers and thumbs .. ..
.. .. .. .. .. 100
3. Loss of both feet .. ..
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 100
4. Total loss of sight .. ..
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 100
5. Total paralysis ..
.. .. .. .. ..
.. .. .. .. .. ..
.. .. .. 100
6. Injuries resulting in being
permanently bed-ridden ..
.. .. .. .. .. 100
7. Any other injury causing
permanently total disablement
.. .. .. .. 100
8. Loss of arm at shoulder
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 80
9. Loss of arm between elbow and
shoulder .. .. ..
.. .. .. .. .. 70
10. Loss of arm at elbow ..
.. .. .. .. .. ..
.. .. .. .. .. ..
.. 70
11. Loss of arm between wrist and
elbow .. .. .. ..
.. .. .. .. .. 70
12. Loss of arm at wrist ..
.. .. .. .. .. ..
.. .. .. .. .. ..
.. 70
13. Loss of four fingers and thumb
of one hand .. .. ..
.. .. .. .. .. 50
14. Loss of four fingers of one
hand .. .. .. .. ..
.. .. .. .. ..
.. 50
15. Loss of thumbboth phalanges
.. .. .. .. ..
.. .. .. .. ..
.. 35
16. Loss of thumb one phalanx
.. .. .. .. ..
.. .. .. .. .. ..
.. 10
17. Loss of index fingerthree
phalanges .. .. ..
.. .. .. .. ..
.. 15
1
8. Loss of index fingertwo
phalanges .. .. ..
.. .. .. .. ..
.. 10
19. Loss of index fingerone
phalanx .. .. ..
.. .. .. .. ..
.. 6
20. Loss of middle fingerthree
phalanges .. .. .. ..
.. .. .. .. .. 10
21. Loss of middle fingertwo
phalanges .. .. ..
.. .. .. .. ..
.. 6
22. Loss of middle fingerone
phalanx .. .. ..
.. .. .. .. ..
.. 4
23. Loss of ring fingerthree
phalanges .. .. .. ..
.. .. .. .. ..
.. 6
24. Loss of ring fingertwo
phalanges .. .. .. ..
.. .. .. .. ..
.. 5
25. Loss of ring fingerone
phalanx .. .. .. ..
.. .. .. .. .. ..
.. 3
26. Loss of little fingerthree
phalanges .. .. .. ..
.. .. .. .. ..
.. 5
27. Loss of little fingertwo
phalanges .. .. ..
.. .. .. .. ..
.. 4
28. Loss of little fingerone
phalanx .. .. ..
.. .. .. .. ..
.. 3
29. Loss of metacarpalsfirst
second (additional) .. ..
.. .. .. ..
.. 4
30. Loss of metacarpalsthird,
fourth or fifth (additional) ..
.. .. .. .. 3
31. Loss of legat or above
knee .. .. .. ..
.. .. .. .. .. ..
.. 75
32. Loss of legbelow knee
.. .. .. .. .. ..
.. .. .. .. ..
.. 60
33. Loss of foot ..
.. .. .. .. ..
.. .. .. .. .. ..
.. .. .. 40
34. Loss of toes-all on one foot
.. .. .. .. .. ..
.. .. .. .. ..
.. 20
35. Loss of toegreat, both
phalanges .. .. ..
.. .. .. .. .. ..
.. 10
36. Loss of toegreat, one
phalanx .. .. .. ..
.. .. .. .. .. ..
.. 3
37. Loss of toe other than
great .. .. ..
.. .. .. .. .. ..
.. .. 2
38. Loss of sight of one eye
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 40
39. Loss of hearing one ear
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 15
40. Loss of remaining eye by
one-eyed workman .. ..
.. .. .. .. ..
100
41. Total loss of hearing
.. .. .. .. .. ..
.. .. .. .. .. ..
.. .. 100
42. Loss of remaining leg by
one-legged workman .. ..
.. .. .. .. .. 100
43. Loss of remaining arm by
one-armed workman .. ..
.. .. .. .. ..
100
44. Loss of mental capacity
.. .. .. .. ..
.. .. .. .. .. ..
.. .. 100
45. Loss of upper or lower central
incisor .. .. .. ..
.. .. .. .. .. ..
3
46. Loss of upper or lower lateral
incisor .. .. ..
.. .. .. .. .. .. ..
2
47. Loss of upper or lower
canine .. .. .. ..
.. .. .. .. .. ..
.. .. 2
48. Loss of any one posterior
tooth, that is to say premolar or
molar 1
49. Fracture of upper or lower
jaw .. .. .. ..
.. .. .. .. .. ..
.. .. 25
Compensation for Disfiguring
Injury
316.08 (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 Ministry of Defence shall pay
as compensation an amount for such
injury determined by the Ministry
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.
TABLE TO ARTICLE 316.08
(1) Mutilation or amputation of
one ear .. .. .. ..
.. .. .. .. .. ..
.. . 15
(2) Deformity of the hand through
the loss all the three Phalanges
of a finger and the
metacarpals of the hand ..
.. .. .. .. .. ..
.. .. .. 20
(3) Mutilation or amputation of
nose .. .. .. .. ..
.. .. .. .. .. ..
.. .. 30
(4) Conspicuous deformity of face
generally .. .. .. ..
.. .. .. .. .. ..
.. 50
(5) Conspicuous deformity of
external appearance generally,
other
than face .. .. ..
.. .. .. .. ..
.. .. .. .. ..
.. .. .. .. .. 40
(6) Functional loss of genital
organs .. .. ..
.. .. .. .. ..
.. .. .. .. 85
Occupational Disease
316.09 (1) The Ministry 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 Ministry may specify in
any instructions made under this
Article that any disease shall,
unless otherwise certified by a
medical board or unless the
Ministry 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 Ministry is liable under
this regulation.
International Claims
316.10. (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 Ministry
may claim from such a body or
organisation compensation based on
the rates applicable to the
permanent employees of the body or
organisation.
(2) The amount of compensation
payable by the Ministry to a
civilian employee or his
beneficiary shall be based on his
local earning in Ghana.
Reporting of Death, Injury or
Disease
316.11 (1) Death, injury or
disease which appears to be
attributable to service with the
Armed Forces shall be reported
immediately 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) date, time and place of the
accident;
(b) name of all persons present;
(c) details of actual duties being
performed at the time of the
accident;
(d) statement of witnesses;
(e) fullest obtainable medical
report or information;
(f) names of all persons injured
distinguishing between civilian
employees and other personnel;
(g) 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.
Advisory Board on Compensation
Claims
316.12 (1) There shall be
established in Advisory Board on
compensation claims which shall be
composed of the following
(a) Director-General of Personnel
Administration as Chairman;
(b) Director of Legal Services;
(c) Director of Medical Services;
(d) Defence Financial Controller;
(e) Director of Civilian
Establishment; and
(f) Assistant Director of Legal
ServicesMember/Secretary.
(2) The Board shall make
recommendations through the Chief
of Defence Staff to the Minister
concerning claims for compensation
under these regulations.
(3) The Board may be consulted by
the Ministry 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
APPLICATION FOR COMPENSATION FOR
INJURY OR DISEASE ATTRIBUTABLE TO
SERVICE WITH THE ARMED FORCES
PART I
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 tortfeasor
to the Ministry of Defence and no
other person shall have the right
to pursue this claim.
4. I understand and agree to
offer any assistance which may be
requested by the Ministry of
Defence for the pursuance of this
claim and I shall have no right of
indemnity or damages against the
Ministry 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 (Att
documentary proof)
..
..
..
Date:
..............................................
.
..
(Signature of Applicant)
HEAD OF DEPARTMENT'S/CO'S COMMENTS
..
.
Date:............................................
..
(Signature of Head of Dept/CO)
DIRECTOR-GENERAL/FORMATION
COMMANDER'S COMMENTS
PART II
.
.
.
Date:
..
.
(Signature of DG/Fmm Comd)
SERVICE COMMANDER'S COMMENTS
PART III
.
.
.
Date:
.
(Signature of Svc Comd)
RECOMMENDATION/COMMENTS BY DMS
PART IV
.
.
.
Date:
..
Signature of DMS)
COMMENTS/RECOMMENDATION BY DFC
PART V
.
.
.
Date:
..
.
(Signature of DFC)
COMMENTS/RECOMMENDATION BY DLS/DMR
PART VI
.
.
.
Date:
.
.
(Signature
of DLS/DMR)
COMMENTS/RECOMMENDATION BY CDS
PART VII
.
.
.
Date:
..
.
(Signature OF CDS)
APPROVAL BY MINISTER OF DEFENCE
PART VIII
.
.
.
Date:
(Signature of Minister of
Defence)
PROF. J. E. A. MILLS
Chairman, Armed Forces Council
Date: 24th November, 1999.
Date of Gazette Notification: 4th
February, 2000. |
