245 Workmen's Compensation

• Author: Ralph Hone
• Pages: #5

[CH.245. 2835CHAPTER 245.

WORKMEN'S COMPENSATION.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

3. EMPLOYER'S LIABILITY FOR COMPENSATION.

4. AMOUNT OF COMPENSATION.

5. METHOD OF CALCULATING WAGES.

6. REVIEW.

7. PAYMENT OF LUMP SUM IN LIEU OF PAYMENTS.

8. DISTRIBUTION OF COMPENSATION.

9. COMPENSATION NOT TO BE ASSIGNED, ATTACHED OR CHARGED.

10. LIABILITY OF EMPLOYER FOR EXPENSES OF CONVEYANCE TO PLACE OF TREATMENT AND FOR OTHER EXPENSES OF TREATMENT.

11. ARTIFICIAL LIMBS AND APPARATUS.

12. GOVERNOR TO DECLARE OCCUPATIONAL DISEASES.

13. COMPENSATION FOR OCCUPATIONAL DISEASES.

14. PAYMENTS TO CEASE ON WORKMAN CEASING TO RESIDE IN THE COLONY.

15. NOTICE AND CLAIM.

16. WORKMAN'S RIGHT TO APPLY FOR COMPENSATION IF NO AMOUNT AGREED IN FOUR WEEKS.

17. MEDICAL EXAMINATION.

18. APPOINTMENT AND REMUNERATION OF MEDICAL REFEREE.

19. APPLICATION FOR REFERENCE TO MEDICAL REFEREE.

20. SUB-CONTRACTING.

21. REMEDIES BOTH AGAINST EMPLOYER AND STRANGER.

22. BANKRUPTCY OF EMPLOYER.

23. INSURERS TO SUBMIT ANNUAL RETURN.

24. CONTRACTING OUT.

25. WORKMEN IN EMPLOYMENT OF GOVERNMENT.

26. REFERENCE TO COMMISSIONERS.

27. APPOINTMENT OF COMMISSIONERS.

28. VENUE OF PROCEEDINGS AND TRANSFER.

29. APPLICATIONS TO COMMISSIONER.

30. POWERS AND PROCEDURE OF COMMISSIONERS.

31. APPEARANCE OF PARTIES.

32. EVIDENCE TO BE RECORDED.

33. COSTS.

34. REGISTRATION OF ORDERS.

35. REGISTRATION OF AGREEMENTS.

36. ENFORCEMENT OF ORDERS AND AGREEMENTS AS SUPREME COURT JUDGMENTS.

37. EFFECT OF FAILURE TO REGISTER AGREEMENT.

38. APPEALS.

39. POWER OF GOVERNOR TO MAKE RULES.

    SCHEDULE.

    LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT.

    --CHAPTER 245.

    WORKMEN'S COMPENSATION.

    AN ACT TO PROVIDE FOR THE PAYMENT OF 25 of 1943.

    9 of 1944.

    COMPENSATION TO WORKMEN FOR INJURIES 10 of 1952.

    SUFFERED IN THE COURSE OF THEIR EMPLOYMENT. 31 of 1958.

    17 of 1964.

    43 of 1964.

    [21st June 1943.] 46 of 1964.

    [Commencement 16th March 1944.] 1. This Act may be cited as The Workmen's Short title.

    Compensation Act.

2. -(1) In this Act, unless the context otherwise Interpretation.

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

   'agriculture' includes horticulture and the cultivation of the ground for any purpose, clearing land, sowing seed, planting, removing crops and keeping or breeding livestock, poultry, or bees;

   'Commissioner' means a Commissioner for Workmen's Compensation appointed under section 27 of this Act;

   'compensation' means compensation as provided for by this Act;

   'dependants' means such of the members of the workman's family as were wholly or in part 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, and where the workman, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child and parent or grandparent respectively:

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

   'employer' includes the Government of the Colony, and any body *of persons whether incorporated or not and any managing agent of an employer and the legal representative of a deceased employer, and, where the services of a workman are temporarily lent or on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;

   In relation to a person engaged in plying for hire with any vehicles, the nse of which is obtained from the owner thereof under a contract of bailment (other than a hire pffrchase agreement), the owner of the vehicle shall be deemed to be the employer;

   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 be deemed to be the employer;

   'managing agent' means any person appointed or acting as the representative of another person for the purpose of carrying *on such other person's trade or business, but does not include an individual manager subordinate to an employer;

   'member of a family' means wife or husband, father', mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister and such other person as was at the time of the injury living in the household of the workman and was wholly or partially dependent on his earnings;

   'occupational disease' means any disease declared by the Governor to be an occupational disease by Order under section 12 of this Act;

   17 of 1964, s. 2.

   17 of 1964, s. 2.

   'outworker' means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale or use 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 disablement' means where the disablement is of a temporary nature, such.disablement 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 disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time:

   Provided that every injury specified in the Schedule.

   Schedule hereto shall be deemed to result in permanent partial disablement;

   'qualified medical practitioner' means a member of the medical profession registered under The Ch. 210.

   Medical Practitioners Act;

   'Registrar' means the Registrar of the Supreme Court;

   'shop' means any premises licensed under The Shop Licences Act or licensed or registered Ch. 293.

   under The Liquor Licences Act; ch. 291.

   'shop assistant' means a person employed in any capacity in or about any shop, and includes porters, and the drivers of any vehicles used in connection with the business carried on in such shop;

   'total disablement' means such disablement whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement:

   Provided that permanent total disablement shall be deemed to result from the permanent total loss of the sight of both eyes or hedule.

   from any combination of injuries specified in Shdu.

   the Schedule hereto where the aggregate percentage of the loss of earning capacity, as specified in that Schedule against those injuries, amounts to one hundred per cent;

   P

   ----~ 17 of 1964, s. 2.

   17 of 1964, s. 2.

   31 of 1958, Schd.

   17 of 1964, s. 2.

   'wages' includes any privilege or benefit which is capable of being estimated in money, other than 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 or remuneration for overtime not habitually performed;

   'workman' means any person who has entered into or works under a contract of service or apprenticeship with an employer by way of manual labour or otherwise, whether the contract was made before or after the commencement of this Act and whether such contract is expressed or implied, is oral or in writing; and also includes a person engaged in plying for hire with any vehicle the use of which is obtained from the owner thereof under any contract of bailment (other than a hire purchase agreement) in consideration of the payment of a fixed sum or a share in the earnings or otherwise:

   Provided that the following persons shall not be regarded as workmen for the purposes of this Act:-(a) persons employed otherwise than by way of manual labour whose remuneration exceeds eleven hundred pounds a year;

   or (b) persons whose employment is of a casual nature and who are employed otherwise than for 'the purposes of the employer's trade or business, not being persons employed for the purposes of any game or recreation and engaged or paid through a club; or (c) (d) out workers; or persons in the naval, military or air forces of the Crown other than locally engaged civilian employees; or 17 of 1964, s. 2.

   (e) members of the employer's family dwelling in his house; or (f) members of the Police Force and Local, District, Airport and Special Constables;

   or 43 of 1964, Third Schd.

   (g) persons employed in agriculture; or (h) persons employed exclusively as clerical workers or shop assistants or employed exclusively in both such capacities; or (i) persons in the civil employment of Her Majesty otherwise than in Her Government of the Colony who have been first engaged in a place outside the Colony.

   (2) Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose benefit compensation is payable.

   (3) The exercise and performance of the powers and duties of a public authority or of any department of the Government shall, for the purposes of this Act, unless a contrary intention appears, be deemed to be the trade or business of such authority -or department.

   (4) If on any proceedings for the recovery of compensation under this Act it appears to the Commissioner by whom the claim to compensation is to be settled 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...