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WORKMEN'S
COMPENSATION LAW, 1987 (PNDCL 187)
ARRANGEMENT OF SECTIONS
Section
1. Application to Workmen Employed
by the Republic.
2. Employer's Liability for
Compensation for Death or
Incapacity Resulting from an
Accident.
3. Compensation in Fatal Cases.
4. Employer to Pay Medical
Expenses.
5. Compensation in the Case of
Permanent Total Incapacity.
6. Compensation in the Case of
Permanent Partial Incapacity.
7. Compensation in the Case of
Temporary Incapacity.
8. Compensation for Disfiguring
Injuries.
9. Method of Calculating Earnings.
10. Persons Entitled to
Compensation.
11. Distribution of Compensation.
12. Requirements as to Notice of
Accident and Application for
Compensation.
13. Employer to Report the Death
of a Workman.
14. Medical Examination and
Treatment.
15. Agreement as to Compensation.
16. Determination of Claims.
17. Review.
18. Limitation of Power of
Employer to end or Decrease
Periodical Payments.
19. Jurisdiction of the Court.
20. Power of the Court to Submit
Questions of Law.
21. Appeals.
22. Liability in Case of Workmen
Employed by Contractors.
23. Remedies against both Employer
and Stranger.
24. Proceedings Independently of
this Law.
25. Provisions in the event of a
Company going into Liquidation.
26. Contracting Out.
27. Compensation not to be
Assigned, Charged or Attached.
28. Medical Expenses.
29. Decision of Court in regard to
Medical Aid.
30. Fees for Medical Aid to be
Prescribed.
31. Occupational Diseases.
32. Returns by Employer and
Insurer.
33. Power to Make Regulations and
Rules.
34. Rules as to Transfer of Funds.
35. Requirement to Pay
Compensation within Specified
Period.
36. Calculation of Compensation.
37. Offence and Penalty.
38. Interpretation.
39. Repeal and Saving.
SCHEDULES
First Schedule
Second Schedule
Third schedule
IN pursuance of the Provisional
National Defence Council
(Establishment) Proclamation,
1981, this Law is hereby made:
Section 1—Application to Workmen
Employed by the Republic.
This Law shall apply to workmen
employed by the Republic as well
as by private persons, except in
the case of persons in the Armed
Services of the Republic.
Section 2—Employer's Liability for
Compensation for Death or
Incapacity Resulting from an
Accident.
(1) Where a workman sustains
personal injury by accident
arising out of and in the course
of his employment, his employer
shall, subject to the provisions
of this Law, be liable to pay
compensation in accordance with
this Law.
(2) An injured workman shall not
suffer any diminution in his
earnings while he undergoes
treatment for injuries he has
sustained through an accident
arising out of, and in the course
of, his employment.
(3) Where an attending Medical
Officer assesses any incapacity in
respect of an injured workman, the
workman's employer shall pay the
injured workman compensation
commensurate with the incapacity
so assessed.
(4) Subject to sections 3 and 4
where the injury results in death
or serious and permanent
incapacity, the Court on
consideration of all the
circumstances, may award such
compensation as it thinks fit
under this Law.
(5) The employer shall not be
liable to pay compensation in
respect of any injury to a workman
resulting from an accident which
is attributable to the workman
having been at the time thereof
under the influence of drink or
drugs.
(6) For the purposes of this Law,
an accident resulting in the death
or serious and permanent
incapacity of a workman shall be
deemed to arise out of and in the
course of his employment,
notwithstanding that the workman
was at the time when the accident
happened acting in contravention
of any statutory or other
regulation applicable to his
employment, or that he was acting
without instructions from his
employer, if such an act was done
by the workman for the purposes of
and in connection with his
employer's trade or business.
(7) No compensation shall be
payable under this Law in respect
of any incapacity or death
resulting from a deliberate
self-injury.
(8) No compensation shall be
payable under this Law in respect
of any incapacity or death
resulting 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
similar injury, knowing that the
representation was false.
Section 3—Compensation in Fatal
Cases.
(1) Where death results from the
injury—
(a) if the workman leaves any
dependants, the amount of
compensation shall be a sum equal
to sixty months' earnings: but
where in respect of the same
accident compensation has been
paid under the provisions of
section 5, 6 or 7, there shall be
deducted from the sum payable
under this paragraph any sums so
paid as compensation;
(b) whether the workman had
dependants or not, his employer
shall pay all his medical
expenses;
(c) if the workman left no
dependants, his employer shall
bear the expenses of his burial as
required by custom;
(d) if the workman left any
dependants, his employer shall
bear expenses of his burial to the
sum of two thousand cedis or as
stipulated in the relevant
Collective Agreement, whichever is
the higher.
(2) Even where a workman survives
an injury, whether he has
dependants or not, his employer
shall pay all his medical expenses
in respect of the injury.
Section 4—Employer to Pay Medical
Expenses.
In all cases of injury under this
Law the employer shall pay all
medical expenses in respect of the
injury.
Section 5—Compensation in the Case
of Permanent Total Incapacity.
Where permanent total incapacity
results from the injury the amount
of compensation shall be a sum
equal to ninety-six months'
earnings.
Section 6—Compensation in the Case
of Permanent Partial Incapacity.
(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 Third schedule, a
percentage of the compensation
which would have been payable in
the case of permanent total
incapacity specified therein as
being the percentage of the loss
of earning capacity caused by that
injury; and
(b) in the case of injury not
specified in the Third Schedule,
a percentage of the compensation
which would have been payable in
the case of permanent total
incapacity and proportionate to
the loss of earning capacity
permanently caused by the injury.
(2) Where more injuries than one
are caused by the same accident,
the amount or 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.
Section 7—Compensation in the Case
of Temporary Incapacity.
(1) Where temporary incapacity,
whether total or partial, results
from the injury, the compensation
shall be the periodical payments
hereinafter mentioned or a lump
sum calculated accordingly, having
regard to the probable duration,
and probable changes in the
degrees, of the incapacity.
(2) The periodical payment shall
be the difference between the
monthly earnings 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 other suitable
employment or business after the
accident; so, however, that
(a) the aggregate of the
periodical payments or the lump
sum payable under this subsection
shall not exceed the lump sum
which would be payable in respect
of the same degree of incapacity
under the provisions of section 5
or section 6, as the case may be,
if the incapacity were permanent;
(b) any period of absence from
duty certified necessary by a
medical practitioner shall be
regarded as a period of temporary
total incapacity irrespective of
the outcome of the injury and any
period subsequent thereto but
preceding the final assessment of
disability shall be regarded as a
period of temporary incapacity;
(c) the maximum duration of
periodical payments under this
section shall not exceed
twenty-four months except in any
case where the Chief Labour
Officer in his discretion directs
the continuance of periodical
payments during the continuance of
any disability for a further
period not exceeding six months;
(d) any lump sum payable under
section 5 or 6 shall not be
disturbed by reason of periodical
payments having been made under
this section in the event of
permanent incapacity following
after temporary total incapacity
or temporary partial incapacity.
(3) In fixing the amount of the
periodical payment the Court may
consider any payment, allowance or
benefit which the workman may
receive from the employer during
the incapacity.
(4) 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.
(5) 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 the
redemption of such periodical
payments by a lump sum, or for the
continuance of such periodical
payments.
(6) If the employer and the
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
payments.
(7) 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 4 or 5, as the case may
be, if the incapacity were
permanent.
(8) 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 subsection
(5) of this section, or having
given such notice leaves the
neighbourhood 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 subsection (6) of this section,
he shall not be entitled to any
benefits under this Law during or
in respect of the period of his
absence.
(9) If the workman's absence from
the neighbourhood exceeds six
months without justifiable cause,
he shall cease to be entitled to
any benefits under this Law.
Section 8—Compensation for
Disfiguring Injuries.
(1) If in any employment personal
injury of the description
specified in any entry in column 1
of the First Schedule hereto by
accident arising out of and in the
course of the employment, is
caused to a workman, his employer
shall pay as compensation an
amount for such injury determined
by a medical practitioner
recognised by Government, not
exceeding such percentage of the
compensation payable in the case
of permanent total incapacity as
is specified in the corresponding
entry in column II of that
Schedule.
(2) The compensation payable under
subsection (1) of this section
shall be irrespective of whether
or not any compensation is payable
under any other provision of this
enactment; so, however, that any
mutilation in respect of which
compensation is provided under the
Third Schedule shall not rank as
disfigurement under the First
Schedule.
(3) Where more injuries than one
are caused by the same accident,
the amount of compensation payable
under 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 has
resulted from the injuries.
Section 9—Method of Calculating
Earnings.
(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.
(2) 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, by
a person of similar earning
capacity in the same grade
employed in the same class of
employment and in the same
district.
(3) For the purposes of subsection
(1), 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.
(4) 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.
(5) The earnings of the workman
under the concurrent contract
shall be disclosed to any other
employer at the time of his
engagement with the latter and
shall be taken into account only
so far as the workman is
incapacitated from performing the
concurrent contract.
(6) 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.
Section 10—Persons Entitled to
Compensation.
(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 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 dependants 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.
Section 11—Distribution of
Compensation.
(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 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.
(2) Where, on an application being
made in accordance with rules made
under this Law, it appears to the
Court that, on account of the
differences of the circumstances
of the various dependants, or for
any other sufficient course, an
order made under subsection (1)
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 thinks fit.
(3) Compensation payable under the
provisions of section 5 or section
6 and lump sums payable under the
provisions of section 7 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.
(4) 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.
(5) 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.
(6) The receipt of the Registrar
of the Court shall be a discharge
in respect of any amount paid to
the Court under this Law.
(7) Any order or directions of the
Court under this section shall be
final.
Section 12—Requirements as to
Notice of Accident and Application
for Compensation.
(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 within six
months after the happening thereof
and before the workman has
voluntarily left the employment in
which he was injured, and unless
the application for the
compensation with respect to such
accident has been made within six
months 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
amended notice were then given and
the hearing postponed be
prejudiced, in his defence by the
want, defect of 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 any
injury under this Law shall be
given as prescribed.
Section 13—Employer to Report the
Death of a Workman.
(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, within three
months after the occurrence of the
death, give notice thereof to the
nearest Labour Officer.
(2) The notice shall state the
circumstances of the death of the
workman if they are known to the
employer.
(3) Any employer who fails to
comply with the provisions of
subsection (1) of this section
without reasonable cause shall be
liable to a fine not exceeding
five thousand cedis.
(4) Nothing contained in this
section shall prevent any person
from making a claim for
compensation under this Law.
Section 14—Medical Examination and
Treatment.
(1) Where a workman has given
notice of an accident the employer
shall, as soon as reasonably
possible arrange to have him
medically examined free of charge
to the workman, either by a
medical practitioner named by the
employer or by a medical
practitioner named by the workman
with the employer's approval, and
any workman who is in receipt of
periodical payments under section
6 shall submit himself for such
medical examinations from time to
time as may be required by the
medical practitioner.
(2) When the examination is
carried out by a medical
practitioner named by the
employer, 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
or place is reasonable or
convenient as the case may be.
(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 a
convenient place for a personal
examination of the workman and
shall send him notice accordingly.
(4) If the workman refuses to
submit himself for such
examination, his right to
compensation shall be suspended
until the examination has taken
place, and if the refusal extends
for a period of fifteen days from
the date when the workman was
required to submit himself for
examination under subsection (2)
or subsection (3) of this section
as the case may be, no
compensation shall be payable,
unless the Court is satisfied that
there was reasonable cause for the
refusal.
(5) The workman shall be entitled,
at his own expense, to have his
own medical practitioner present
at an examination conducted by a
medical practitioner named or
approved by the employer.
(6) During the period of temporary
total incapacity, the employer
shall arrange to submit the
workman for normal medical
treatment by either the employer's
medical practitioner or the
workman's medical practitioner
approved by the employer, at the
expense of the employer.
(7) Such normal medical treatment
shall include any specialist
treatment which the medical
practitioner may require the
workman to undergo.
(8) If the workman fails to submit
himself for treatment by a medical
practitioner when so required
under the provisions of subsection
(6) of this section, or having
submitted himself for treatment
has disregarded the instructions
of the medical practitioner then
if it is proved that the 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 instructions of,
such medical practitioner, and
compensation, if any shall be
payable accordingly.
(9) Where under this section a
right to compensation is
suspended, no compensation shall
be payable in respect of the
period of suspension.
(10) Notwithstanding the preceding
provisions of 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 this section, or having
submitted himself for such
treatment, disregarded the
instructions of such medical
practitioner, and if it is 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.
Section 15—Agreement as to
Compensation.
(1) The employer and the workman
may, after the injury in respect
of which the claim to compensation
has arisen, agree in writing as to
the compensation to be paid by the
employer.
(2) The agreement referred to in
subsection (1) of this section
shall be in duplicate, one copy to
be kept by the employer and the
other copy to be kept by the
workman.
(3) The compensation agreed upon
shall not be less than the amount
payable under this Law.
(4) Where the workman is
illiterate or is unable to read
and understand the writing in the
language in which the agreement is
expressed, the agreement—
(a) shall not be binding against
him unless it is endorsed by a
certificate of a Labour Officer to
the effect that such Officer read
over and explained to the workman
the terms thereof and that the
workman appeared fully to
understand and approve of the
agreement; and
(b) shall not operate to preclude
the workman from instituting
proceedings independently of this
Law to recover damages in respect
of the injury to which the
agreement relates unless the
certificate of the Labour Officer
contains a statement to the effect
that he explained to the workman
that the making of the agreement
would preclude him from
instituting any such proceedings
and that the workman appeared
fully to understand and accept the
legal position in that regard.
(5) Any agreement made under
subsection (1) of this section
may, on application to the Court,
be made an order of the Court.
(6) Where compensation has been
agreed upon the Court may,
notwithstanding that the agreement
has been made an order of the
Court under subsection (5) of this
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 subsection
(1) of this section; 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 means as would in law, be
sufficient ground for avoiding it.
Section 16—Determination of
Claims.
(1) If an employer on whom notice
of the accident has been served
under section 12 does not within
twenty-one days after the receipt
of the notice agree in writing
with the workman as to the amount
of compensation to be paid, the
workman may, in the prescribed
form and manner, make an
application 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, whatever may be the
amount involved, and the Court
may, for that purpose, call upon
any public officer or any
independent medical practitioner
to give evidence if the Court is
of the opinion that such officer
or practitioner is, by virtue of
his expert knowledge, able to
assist the Court.
Section 17—Review.
(1) Any periodical payment 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.
(2) 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.
(3) Any periodical payment may, on
review under this section subject
to the provisions of this Law, be
continued, increased, diminished,
converted to a lump sum, or ended.
(4) 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 section 5 or 6, as the case
may be, and such lump sum shall be
dealt with in accordance with the
provisions of subsection (2) of
section 11.
(5) 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.
(6) In making a review under this
section the Court shall have
regard only to the capacity to
work of the workman as affected by
the accident.
Section 18—Limitation of Power of
Employer to End or Decrease
Periodical Payments.
Subject to subsection (6) of
section 7, subsection (4) of
section 14, and subsection (4) of
section 17, an employer shall not
be entitled, otherwise than in
pursuance of an agreement or an
order of the Court—
(a) to end periodical payments
except—
(i)
where a workman resumes work and
his earnings 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.
Section 19—Jurisdiction of the
Court.
(1) Except as is provided in this
Law and any rules made thereunder,
the Court shall, upon or in
connection with any question to be
investigated or determined
thereunder, have all powers and
jurisdiction exercisable by a
District Court in or in connection
with civil actions in such Court
and the law, rules and practice
relating to such civil actions and
to the enforcement of judgments
and orders of the Court shall
mutatis mutandis apply.
(2) 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 a Labour
Officer shall be prima facie proof
of the facts stated therein.
(3) The signature of the Labour
Officer shall be admitted without
proof unless the Court shall have
reason to doubt the genuineness
thereof.
(4) If in such proceedings any
evidence is adduced, which in the
opinion of the Court traverses the
facts set out in such a statement,
or if for any reasons 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.
(5) The record of any such
investigation including the
finding of the Court thereon shall
be receivable as evidence in the
proceedings, and the certificate
signed by a District Magistrate or
an officer 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 have reason to doubt
the genuineness thereof.
(6) 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 transmit
to such other Court the record of
such investigation, including its
findings thereon, duly certified
by the District Magistrate or by
an officer of the Court.
Section 20—Power of the Court to
Submit Questions of Law.
(1) The Court may, if it thinks
fit, submit any question of law
for the decision of a Judge of the
High Court.
(2) The submission shall be in the
form of a special case in
accordance with rules made under
this Law.
Section 21—Appeals.
(1) Subject to this section and
subsection (7) of section 11 an
appeal shall lie to the High Court
from any order of the Court.
(2) 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 between the parties.
(3) No appeal shall lie after the
expiration of 30 days from the
date of the order of the Court.
(4) The High Court may, if it
thinks fit, extend the time for
appealing under this section.
Section 22—Liability in Case of
Workmen Employed by Contractors.
(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 thereupon be entitled to
intervene in any application made
against the principal.
(4) Nothing in this section shall
be construed as preventing 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,
about premises on which the
principal has undertaken to
execute work or which are
otherwise under his control or
management.
(6) This section shall not apply
in a case where a contract is made
by an employer with a person who
is granted permission to win
minerals, receiving a proportion
of the minerals won by him or the
value thereof.
Section 23—Remedies Against Both
Employer and Stranger.
Where the injury in respect of
which compensation is payable
under this Law was caused under
circumstances creating a legal
liability in some person other
than employer to pay damages in
respect thereof—
(a) the workman may take
proceedings both against that
person to recover damages and
against any person liable to pay
compensation, but shall not be
entitled to recover both damages
and compensation; and
(b) 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 21
relating to liability in case of
workman 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
settled by civil suit or, by
consent of the parties, by
arbitration under the Arbitration
Act, 1961 (Act 38).
Section 24—Proceedings
Independently of this Law.
(1) Where the injury was caused by
the personal negligence or wilful
act of the employer or of some
other person for whose act or
default the employer is
responsible, nothing in this Law
shall prevent proceedings to
recover damages being instituted
against the employer in a Civil
Court independently of this Law.
(2) 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.
(3) A judgment in proceedings
under this Law 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 independently of this Law.
(4) An agreement between the
employer and workman in accordance
with the provisions of section 14
of this Law shall be a bar to
proceedings by the workman in
respect of the same injury
independently of this Law.
(5) 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.
(6) If in proceedings
independently of this Law it is
determined that—
(a) damages are recoverable
independently of this Law;
(b) the employer would have been
liable to pay compensation under
this Law,
subsection (5) of this section
shall apply in all respects as if
the action had been dismissed,
and, if the claimant chooses to
have compensation assessed and
awarded in accordance with
subsection (5) no damages shall be
recoverable in the said action.
(7) Where a workman or his
personal representative or
dependant has recovered
compensation under this Law from
some person other than the
employer (hereinafter in this
section referred to as the third
party) in respect of an injury
caused under circumstances which
would give a right to recover
reduced compensation in respect
thereof because the workman had
been at fault; and right conferred
by section 23 of this Law on the
person by whom the compensation
was paid, or on any person called
on to pay an indemnity under
section 22, to be indemnified by
the third party shall be limited
to a right to be indemnified in
respect of such part only of the
sum paid or payable by the said
person as bears to the total sum
so paid or payable the same
proportion as the said reduced
damages bear to the total damages
which would have been recoverable
if the workman had not been at
fault.
Section 25—Provisions in the Event
of a Company Going into
Liquidation.
(1) Where any employer, being a
company incorporated under the
Companies Code, 1963 (Act 179) 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
company having commenced to be
wound up or a receiver or manager
of the company, business or
undertaking having been duly
appointed, or possession having
been taken, by or on behalf of the
holders of debentures secured by a
floating charge, of any property
comprised in or subject to the
charge, the rights of the company
against the insurers as respects
that liability shall,
notwithstanding anything in the
Companies Code, 1963 (Act 179) be
transferred to and vested 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 company, but
the insurers shall not be under
any greater liability to the
workman than they would have been
under to the company.
(2) If the liability of the
insurers to the workman is less
than the liability of the company
to the workman, the workman may
prove for the balance in the
liquidation, or, as the case may
be, he may recover the balance
from the receiver or manager.
Section 26—Contracting Out.
(1) Any contract or agreement
whether made before or after the
commencement of this Law, whereby
a workman relinquishes any right
to compensation from any 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.
(2) A workman, who has obtained
compensation 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 further
personal injury by accident if
such contract is certified to be
fair and reasonable by a Labour
Officer.
Section 27—Compensation not to be
Assigned, Charged or Attached.
Compensation payable under this
Law shall not be capable of being
assigned, charged or attached, and
shall not pass to any other person
by operation of law nor shall any
claim be set off against such
compensation.
Section 28—Medical Expenses.
(1) The employer shall defray the
reasonable expenses incurred by a
workman within Ghana or, with the
approval of the Director of
Medical Services outside Ghana, as
a result of an accident arising
out of and in the course of his
employment:—
(a) in respect of medical,
surgical and hospital treatment,
skilled nursing services and the
supply of medicines; and
(b) in respect of the supply,
maintenance, repair and renewal of
non-articulated artificial limbs
and apparatus, dentures,
spectacles, hearing aids,
artificial eyes or apparatus as
may be medically or surgically
indicated in the case of the
workman.
(2) The Court may, when
determining any disputes in
respect of compensation, or upon
the application of any interested
person,
(a) order the payment of
compensation to anyone entitled to
receive it; and in this section to
the persons entitled to receive
it; and
(b) if for the services referred
to in paragraph (a) of subsection
(1) of this section, the expenses
exceed five hundred cedis, the
Court may apportion that amount
among the persons providing such
services in such a manner as the
Court may deem expedient.
Section 29—Decision of Court in
Regard to Medical Aid.
(1) All disputes as to the
necessity for, or the character or
sufficiency of, any medical aid
provided or to be provided under
this Law shall be determined by
the Court.
(2) Any decision of the Court
given under subsection (1) of this
section shall be final.
Section 30—Fees for Medical Aid to
be Prescribed.
The fees and charges for medical
aid to workmen within Ghana shall
be in accordance with such scale
as may be prescribed, and no claim
for an amount in excess of a fee
or charge in accordance with that
scale shall lie against any
workman or his employer in respect
of any medical aid.
Section 31—Occupational Diseases.
(1) The Secretary may, by
legislative instrument, extend the
provisions of this Law to
incapacity or death certified as
caused by any disease specified in
the instrument, and compensation
shall, subject to the provisions
of this section, be payable as if
any disease so specified, if the
disease is due to the nature of
the employment and contracted
within a period of twelve months
previous to the date of the
workman's incapacity, were a
personal injury by accident
arising out of and in the course
of employment.
(2) The Secretary may specify in
any instrument made under this
section that any disease shall,
unless otherwise certified by a
medical practitioner or unless the
employer can prove to the
contrary, be deemed to be due to
the nature of his employment, if
the workman who contracts any such
disease was within a period of
twelve months previous to the date
of disablement by such disease
employed in the process or
processes specified in the
instrument in relation to that
disease.
(3) No compensation shall be
payable under the provisions of
this section in respect of
incapacity or death of a workman
if the incapacity begins or the
death happens as the case may be
more than twelve months after the
workman has ceased to be employed
by the employer from whom the
compensation is claimed, 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 workman has been
preceded by any period of
incapacity due to the disease
causing the death in respect of
which the employer is liable under
this Law.
(4) For the purpose of calculating
a workman's earnings where the
workman was, at the date of his
incapacity or death, employed in
employment to the nature of which
the disease is due, the date of
commencement of the incapacity or
the date of his death if there was
no previous incapacity, shall be
treated as the date of the
happening of the accident, and
where the workman was not so
employed at the date of his
incapacity or death, the last day
upon which he was so employed
shall be treated as the date of
the happening of the accident; and
for all other purposes of this
Law, the commencement of the
incapacity of the workman, or the
date of his death, if there was no
previous incapacity, shall be
treated as the date of the
happening of the accident.
(5) If the disease has been
contracted by a gradual process so
that two or more employers are
severally liable to pay
compensation in respect thereof
under this section, the aggregate
amount of compensation recoverable
from those employers shall not
exceed the amount that would have
been recoverable if those
employers had been a single
employer, and in any such case
those employers shall, in default
of agreement, be entitled as
between themselves to such rights
of contribution as the Court
thinks just, having regard to the
circumstances of the case, in any
action brought or application made
by any of them for this purpose.
Section 32—Returns by Employer and
Insurer.
(1) The Secretary may, by
legislative instrument, make
regulations prescribing such
returns as he thinks fit to be
made by employers and by insurers
carrying on in Ghana the business
of insuring employers against
their liabilities under this Law.
(2) Any person required to make a
return under this Law who fails to
make the return within the time
which he is required to make the
return, or who makes or causes to
be made a return which is false in
any material particular, or on
being so required fails to give
any information or explanation
respecting the return which it is
in his power to give, shall be
liable to a fine not exceeding
fifty cedis for every day during
which the default continues.
(3) Where a person convicted of an
offence against this Law is a
company, the chairman or every
director of the company who is
resident in Ghana 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.
(4) Where a person convicted of an
offence against this Law is a
partnership, every partner of that
firm who is resident in Ghana
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.
Section 33—Power to Make
Regulations and Rules.
(1) The Secretary may, by
legislative instrument, make
regulations prescribing procedure,
forms and fees, and generally for
the purpose of giving effect to
this Law.
(2) The Chief Justice, after
consultation with the Secretary
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.
Section 34—Rules as to Transfer of
Funds.
(1) Where an arrangement has been
made whereby sums awarded under
the law relating to workman's
compensation in Ghana, to
beneficiaries resident outside
Ghana, and sums awarded under the
law relating to workmen's
compensation in another country to
beneficiaries resident or becoming
resident in Ghana, such sums may,
at the request of the authority by
which the award is made, be
transferred to and administered by
a competent authority in that
country or in Ghana as the case
may be.
(2) Regulations made by the
Secretary under section 33 may
provide—
(a) for the transfer, in such
manner as may be provided by the
arrangement, to the country 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 that
country;
(b) for the receipt and
administration by an officer
appointed by the Secretary
responsible for Labour for this
purpose of any money which under
any such arrangement has been
transmitted from the country with
which the arrangement has been
made as money applicable for the
benefit of any person resident or
about to reside in Ghana.
Section 35—Requirement to Pay
Compensation within Specified
Period.
(1) Where a workman has become
entitled under this Law to the
payment of compensation by his
employer, the Chief Labour Officer
or any other Labour Officer
authorised in that behalf by the
Chief Labour Officer shall,
forthwith, notify the employer of
that workman of the amount of the
compensation payable by the
employer to that workman, and
where the amount of the
compensation has been altered
under section 15 of this Law, the
amount of the compensation so
altered.
(2) Unless compensation is payable
to the Court under this Law, the
compensation shall be paid to the
workman or his dependants within
three months of the receipt by the
employer of the notification given
to him under subsection (1) of
this section; but where the Court
has been called upon to review or
determine the amount of the
compensation, the employer shall
pay the compensation awarded by
the Court within five weeks of the
Court's award, and, if there has
been an appeal to the High Court,
within one month of the
determination of the High Court
thereon.
(3) In this section "compensation"
shall include periodical payments.
Section 36—Calculation of
Compensation.
(1) Compensation to an injured
workman shall be calculated only
on the first twenty-five thousand
cedis of the workman's earnings
for a year, that is to say, a
workman earning up to twenty-five
thousand cedis a year shall be
paid a compensation on his full
salary.
(2) For the avoidance of doubt a
workman earning above twenty-five
thousand cedis a year shall not be
paid any compensation in excess of
the twenty-five thousand cedis.
(3) The Secretary may, by
legislative instrument, make
regulations to revise the ceiling
of twenty-five thousand cedis from
time to time in accordance with
changes in workmen's earnings.
Section 37—Offence and Penalty.
(1) Any employer who contravenes
any provision of this Law shall be
guilty of an offence and shall, on
summary conviction, be liable to a
fine not exceeding twenty thousand
cedis or to imprisonment for a
term not exceeding one year or to
both such fine and imprisonment.
(2) Where an offence is committed
by a body of persons—
(a) where the body of persons is a
body corporate (other than a
partnership), every director or
officer of that body corporate
shall be deemed to be guilty of
that offence; and
(b) where the body of persons is a
partnership, every partner of that
firm shall be deemed to be guilty
of that offence;
so however, that no such person
shall be deemed to be guilty of
the offence if he proves that the
offence was committed without his
knowledge or that he exercised due
diligence to prevent the
commission of the offence.
(3) Civil proceedings under the
provisions of this Law shall not
relieve any employer from
liability in respect of the
commission of any offence under
this section of this Law.
Section 38—Interpretation.
(1) In this Law, unless the
context otherwise requires—
"compensation" means compensation
as provided by this Law;
"Court" means a District or
Circuit Court; but the Chief
Justice may by order declare that
in any area or for any case or
class of cases proceedings under
this Law may be brought in any
other Court;
"dependants" means and includes—
(a) all members of the family of a
workman, and;
(b) any other persons whom he was
by reason of adoption under the
Adoption Act, 1962 (Act 104) or
otherwise obliged to maintain and
who were dependent upon the
earnings of the workman at the
time of his death or would but for
the incapacity due to the accident
have been so dependent;
"earnings" include 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 payments of a
non-current nature, or any ex
gratia payment 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 the Ghana
Government and any body of person
corporate or unincorporate and the
legal personal representative of
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 purpose 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;
"Labour Officer" means a person
who is a labour officer for the
purposes of the Labour Decree,
1967 (NLCD 157) as amended;
"medical practitioner" means a
medical practitioner registered
under the Medical and Dental
Decree, 1972 (NRCD 91) as amended;
"member of the family" means—
(a) when used in relation to a
citizen of Ghana any one of those
persons mentioned in the Second
Schedule according as the family
is based on the paternal or the
maternal system;
(b) when used in relation to any
person who is not a citizen of
Ghana, the wife, husband, father,
mother, grandfather, grandmother,
stepfather, stepmother, son
daughter, grandson, granddaughter,
stepson, stepdaughter, brother,
sister, half-brother, or
half-sister;
"outworker" means a person to whom
articles or materials are given
out to be made up, cleansed,
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 materials
or articles;
"partial incapacity" means, where
the incapacity is of 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 Third Schedule,
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;
"Secretary" means the Secretary
responsible for labour matters;
"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 Third Schedule 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;
"workman" subject to section 1 and
subsection (2) of this section,
means any person who has entered
into or is working under a
contract of service or
apprenticeship with an employer,
whether skilled or unskilled, and
whether the contract is expressed
or implied, oral or in writing.
(2) The following persons are
exempted from the definition of
"workman"—
(a) a person whose employment is
of a casual nature and who is
employed otherwise than for the
purposes of the employer's trade
or business, not being a person
employed for the purposes of any
game or recreation and engaged or
paid through a club; or
(b) an outworker; or
(c) a tributer; or
(d) a member of the employer's
family dwelling in his house or
compound; or
(e) a person employed in
agricultural or handicraft work by
an employer who normally employs
less than five workmen; or
(f) any class of persons declared
by regulations made under this Law
not to be workman for the purposes
of this Law.
(3) 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.
(4) Except for the purposes of
section 15 any reference to a
workman who has been injured
shall, unless the context
otherwise requires, where the
workman is dead, include a
reference to his legal personal
representative, or to his
dependants or any of them or the
Attorney-General or such other
officer as the Secretary may
appoint to act on behalf of the
dependants of the workman.
(5) The exercise and performance
of the powers and duties of a
local or other public authority
shall, for the purposes of this
Law, be treated as the trade or
business of the authority; but
nothing in this subsection
contained shall be deemed to apply
to the Government, or to any
Department of the Government.
Section 39—Repeal and Saving.
(1) The following enactments are
hereby repealed—
the Workmen's Compensation Act,
1963 (Act 174);
the Workmen's Compensation Act,
1963 (Amendment) Decree, 1966 (NLCD
86);
the Workmen's Compensation Act,
1963 (Amendment) Decree, 1968 (NLCD
238);
the Workmen's Compensation Act,
1963 (Amendment) Decree, 1968 (NLCD
306).
(2) Notwithstanding the repeal of
the enactments mentioned in
subsection (1), any statutory
instrument made thereunder shall
continue in force and shall be
deemed to have been made under the
provisions of this Law to the
extent that they are not
inconsistent with the provisions
of this Law until amended, varied
or revoked in accordance with the
provisions of this Law.
SCHEDULES
FIRST SCHEDULE
(Section 8)
Percentage
(1) Mutilation or amputation of
one ear ..
.. .. ..
15
(2) Deformity of the hand through
the loss of 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
For the purpose of this Schedule,
where there is any dispute as to
whether there has been any
conspicuous deformity, or
functional loss of genital organs,
such doubt shall be resolved by a
Medical Board appointed by the
Chief Labour Officer. The Medical
Board shall consist of a medical
practitioner nominated by the
Director of Medical Services, who
shall be Chairman, a medical
practitioner nominated by the
employer and, if the employee
wishes, a medical practitioner
nominated by him.
SECOND SCHEDULE
(Section 38)
Paternal
System
Maternal System
mother,
father
mother, father
wife, son,
daughter
wife, son, daughter
brother,
sister
brother,
sister
father's
father
mother's
mother
father's
brother.
mother's brother
mother's sister
sister's son
sister's daughter
mother's sister's son
mother's sister's daughter.
THIRD SCHEDULE
(Section 38)
Injury Percentage of Incapacity
Loss of two limbs
.. ..
.. .. .. 100
Loss of boths hands or of all
fingers and thumbs ..
.. 100
Loss of both feet
.. ..
.. .. .. 100
Total paralysis ..
.. ..
.. ..
100
Injuries resulting in being
permanently bed-ridden ..
.. 100
Any other injury causing
permanently total disablement
.. 100
Loss of arm at shoulder ..
.. ..
.. .. 80
Loss of arm between elbow and
shoulder ..
.. 70
Loss of arm at elbow
.. ..
.. .. .. 70
Loss of arm between wrist and
elbow .. ..
.. 70
Loss of arm at wrist
.. ..
.. .. .. 70
Loss of four fingers and thumb of
one hand .. ..
50
Loss of four fingers of one hand
.. .. ..
.. 50
Loss of thumb—both phalanges
.. .. ..
.. 35
Loss of thumb—one phalanx
.. .. ..
.. 10
Loss of index finger—three
phalanges ..
.. .. 15
Loss of index finger—two
phalanges ..
.. ..
10
Loss of index finger—one
phalanx ..
.. .. 6
Loss of middle finger—three
phalanges .. ..
.. 10
Loss of middle finger—two
phalanges ..
.. .. 6
Loss of middle finger—one
phalanx ..
.. .. 4
Loss of ring finger—three
phalanges ..
.. .. 6
Loss of ring finger—two
phalanges ..
.. .. 5
Loss of ring finger—one
phalanx ..
.. .. 3
Loss of little finger—three
phalanges ..
.. .. 5
Loss of little finger—two
phalanges ..
.. .. 4
Loss of little finger—one
phalanx ..
.. .. 3
Loss of metacarpals—first or
second (additional) ..
4
Loss of metacarpals - third,
fourth or fifth (additional) ..
3
Loss of leg—at or above knee
.. .. .. ..
75
Loss of leg—below knee
.. .. ..
.. .. 60
Loss of foot ..
.. .. ..
.. .. ..
40
Loss of toes—all on one
foot .. ..
.. .. 20
Loss of toe—great, both
phalanges ..
.. .. 10
Loss of toe—great, one phalanx
.. .. .. ..
3
Loss of toe—other than
great .. ..
.. .. 2
Loss of sight of one eye
.. .. ..
.. .. 40
Loss of hearing one ear
.. .. ..
.. .. 15
Loss of remaining eye by one-eyed
workman .. .. 100
Total loss of hearing
.. .. ..
.. .. 100
Loss of remaining arm by one-armed
workman .. .. 100
Loss of remaining leg by
one-legged workman .. ..
100
Loss of mental capacity
.. .. ..
.. .. 100
Loss of upper or lower central
incisor .. ..
.. 3
Loss of upper or lower lateral
incisor .. ..
.. 2
Loss of upper or lower canine
.. .. ..
.. 2
Loss of any one posterior tooth,
that is to say,
premolar or molar ..
1
Fracture of upper or lower
jaw .. ..
.. .. 25
Where there is loss of, or injury
to, any internal organs such as
the spleen, kidney, and others and
the spine, not resulting in total
incapacity, a Medical Board
appointed by the Secretary
responsible for Labour shall
determine the extent of the
disability and incapacity and the
rate of compensation payable
which, in any case, shall not
exceed the compensation payable in
respect of partial incapacity.
Total permanent loss of the use of
a member shall be treated as loss
of such member.
Where there is permanent partial
loss of the use of a member the
percentage of incapacity shall be
rated at fifty per cent of the
percentage for total permanent
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 above
percentage.
Where there is loss of two or more
parts of the hand the percentage
of incapacity shall not be more
than for the loss of the whole
hand.
Made this 12th day of August,
1987.
FLT. -LT. JERRY JOHN RAWLINGS
Chairman of the Provisional
National Defence Council
Date of Gazette Notification: 21st
August, 1987.
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