Uganda Act or statute

Parliament of Uganda

Workers Compensation Act

This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity). The Act applies to all employment…

Jurisdiction: Uganda
Structure: 37 provisions
Citation: Chapter 225
Dates: As at 31 Dec 2000

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Dates: As at 31 Dec 2000

Source attribution: Source: Uganda Legal Information Institute

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“This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity).”

This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity). The Act applies to all employment in Uganda, including workers employed by or under the Government of Uganda, but does not apply to active members of the armed forces of Uganda. Employers must immediately notify the labour officer of work injuries and follow up with a written report; they must notify the labour officer of a worker's death as soon as reasonably practicable. Failure without reasonable cause is an offence punishable by a fine not exceeding ten currency points. The section does not prevent any person from making a compensation claim under the Act. If a worker has given notice of an accident, the employer must promptly arrange a medical examination by a qualified practitioner at no charge; the worker is entitled to have their own medical practitioner or a trade union official present (at the worker's expense); failing without good cause to attend or to follow clinical instructions may be considered by the court and may justify a deduction from compensation; during temporary total incapacity the employer must pay medical care costs. Employer and worker may agree to pay compensation with written labour officer approval; agreed compensation must not be less than the Act's amount; employer must show worker understood; court may cancel agreement within three months for specified defects.

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Preliminary - Interpretation

This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity).

Section 1

Compensation for injury - Effect of receipt of damages

A worker (or a person authorised to act for the worker) may bring proceedings and recover damages for an injury caused by an accident that creates legal liability; the court may determine entitlement to compensation, assess it, and may…

Section 17

Compensation for injury - Permanent total incapacity

If permanent total incapacity results from an injury, the injured worker is entitled to compensation equal to sixty months' earnings; if the injury likely requires permanent constant personal assistance, that compensation is increased by one-quarter.

Section 5

Occupational diseases - Employers duty to report scheduled diseases

If a medical practitioner issues the certificate under section 27, the employer of the worker must immediately make and submit a written report containing the certificate's particulars to the area's labour officer.

Section 28

General - Power of Minister to amend the First Schedule

The Minister may amend the First Schedule by statutory instrument with the approval of the Cabinet.

Section 37

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Showing 37 of 37 provisions

Provision 28Offence 4Amendment 3Commencement 2

Part I

Preliminary

§ 1Preliminary - InterpretationAmendment

This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity).

Section Interpretation Section In this Act, unless the context otherwise requires— “ court ” means a magistrate’s court established under the Magistrates Courts Act, presided over by a chief magistrate or a magistrate grade I, having jurisdiction in the area where the accident to the worker has occurred; “ currency point ” has the meaning assigned to it in the First Schedule to this Act; “ dependents ” means those members of the family including children and the parents substantially dependent on the earnings of a worker at the time of his or her death; “ director general of health services ” means an officer appointed as the director general of health services in the Ministry responsible for health by the Health Service Commission; “ disabilities ” means lack or restriction of ability, caused by impairment, to perform any activity in a manner or within the range considered normal for a human being, within the cultural context; “ earnings ” includes wages and any allowances paid by the employer to the worker , including the value of any food, accommodation or benefit in kind; “ employer ” means the Government of Uganda, any person incorporated or unincorporated, association or partnership, which directly engages a worker or which, in respect of any worker , carries on the business of hiring out his or her services; “ Industrial Relations Charter ” means the Charter governing the relationship between national workers and employers organisations in Uganda adopted in 1964 and recognised by the Government, as from time to time amended; “ injury ” includes an accident and a scheduled disease ; “ insurer ” includes any insurance society, association, company or underwriter as may be designated by the Minister responsible for finance; “ labour advisory board ” means a board, representative of the interests of the Government, workers and employers, as defined by the Industrial Relations Charter ; “ labour officer ” means the labour commissioner and any other labour officer of the area where the accident occurs, assigned by the labour commissioner in writing; “ medical arbitration board ” means the arbitration body appointed under section 13 (4); “ medical authority ” means a medical practitioner and any other health personnel authorised by the Minister responsible for health for the purpose of this Act; “ medical care ” means medical, surgical and hospital treatment, skilled nursing services, dental care, physiotherapy, rehabilitation and the supply, maintenance, repair and renewal of artificial limbs or any other artificial appliances or apparatus; “ medical practitioner ” means a medical practitioner registered or licensed under the Medical and Dental Practitioners Act; “ member of the family ” means the wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, uncle, aunt, niece, nephew, cousin or adopted child; “ Minister ” means the Minister responsible for labour; “ scheduled disease ” means a disease specified in the Third Schedule to this Act; “ total incapacity ” means incapacity, whether of a temporary or permanent nature, which incapacitates a worker for any employment which he or she was capable of undertaking at the time when the accident occurred; “ worker ” means— (i) any person who performs services in exchange for remuneration, other than a person who performs services as an independent contractor; or (ii) an apprentice who is engaged primarily for the purpose of receiving training in a trade or profession. For the purposes of the definition of “partial incapacity” in this section, every injury specified in the Second Schedule to this Act except an injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity specified in that Schedule in relation to that injury or those injuries amounts to 100 percent or more shall be taken to result in permanent partial disability. For the purposes of the definition of total incapacity in this section, “permanent total incapacity ” shall be deemed to result from an injury or from any combination of injuries specified in the Second Schedule to this Act where the percentage or aggregate specified in that Schedule in relation to the injury or injuries amounts to 100 percent or more. Any reference to a worker who has been injured shall, where the worker is dead, include a reference to his or her personal representative or his or her dependents , or to a person officially appointed to act in those circumstances.

Section 1Verify source

§ 2Preliminary - ApplicationProvision

The Act applies to all employment in Uganda, including workers employed by or under the Government of Uganda, but does not apply to active members of the armed forces of Uganda.

Section Application Section This Act shall apply to all employment within Uganda. This Act shall apply to workers employed by or under the Government of Uganda in the same way and to the same extent as if the employer were a private person, but the Act shall not apply to active members of the armed forces of Uganda.

Section 2Verify source

Part II

Compensation for injury

§ 10Compensation for injury - Notification by employer to labour officerOffence

Employers must immediately notify the labour officer of work injuries and follow up with a written report; they must notify the labour officer of a worker's death as soon as reasonably practicable. Failure without reasonable cause is an offence punishable by a fine not exceeding ten currency points. The section does not prevent any person from making a compensation claim under the Act.

Section Notification by employer to labour officer Section After the happening of an accident causing injury to a worker of such a nature as would entitle him or her to compensation under this Act, the employer shall, at once, report the accident either by telephone, telegram, telefax or telex or any other reasonable means to the labour officer of the area; and the report shall be followed immediately by a written report of the accident before the worker has voluntarily left the employment in which he or she was injured. Where the death of a worker from any cause is brought to the attention of, or comes to the knowledge of his or her employer , the employer shall, as soon as reasonably practicable after the death, give notice to the labour officer , stating the circumstances of the death if they are known to the employer . Any employer who fails to comply with subsection (1) or (2) without reasonable cause, commits an offence and is liable on conviction to a fine not exceeding ten currency points. Nothing in this section shall prevent any person from making a claim for compensation under this Act.

Section 10Verify source

§ 11Compensation for injury - Medical examination and treatmentProvision

If a worker has given notice of an accident, the employer must promptly arrange a medical examination by a qualified practitioner at no charge; the worker is entitled to have their own medical practitioner or a trade union official present (at the worker's expense); failing without good cause to attend or to follow clinical instructions may be considered by the court and may justify a deduction from compensation; during temporary total incapacity the employer must pay medical care costs.

Section Medical examination and treatment Section Where a worker has given notice of an accident, the employer shall, as soon as reasonably possible after the date on which notice has been given, arrange to have the worker medically examined by a qualified medical practitioner , at no charge to the worker . The worker shall be entitled to have his or her own medical practitioner or an official of a trade union of which he or she is a member present at the examination, but the attendance shall be at the worker ’s own expense. Failure without good cause to appear for a medical examination under this section, or failure to observe the clinical instructions given by a medical practitioner and given at or following the examination, may be taken into account by the court in assessing the amount of compensation payable under this Act; and the court may use the failure to justify the making of a deduction from any sum which would otherwise have been payable in respect of an injury suffered by the worker . During the period of temporary total incapacity , the employer shall be liable to pay the costs of medical care .

Section 11Verify source

§ 12Compensation for injury - Agreement as to compensationProvision

Employer and worker may agree to pay compensation with written labour officer approval; agreed compensation must not be less than the Act's amount; employer must show worker understood; court may cancel agreement within three months for specified defects.

Section Agreement as to compensation Section For the purpose of subsection (1), the following requirements shall be complied with— The court may, on the application by any party within three months after the date of the agreement, cancel it and make such order as it thinks just, if the court is satisfied— The employer and the worker may, with the written approval of the labour officer , agree that compensation be paid in respect of an injury which would otherwise give rise to a claim under this Act. the compensation agreed upon shall not be less than the amount payable under this Act; and it shall be for the employer to show that the worker was able to understand the terms of the agreement. that the sum paid or to be paid was less than required by this section; that the agreement was entered into in ignorance of, or under a mistake as to the true nature of the injury ; or that the agreement was obtained by fraud, trickery or the use of undue influence or other improper means.

Section 12Verify source

§ 13Compensation for injury - Computed assessment of disabilityProvision

If the employer or worker disputes the final medical assessment of disability they may apply to the labour officer to refer the dispute to the medical arbitration board; the application must be made within a reasonable time from receiving the notice of final assessment.

Section Computed assessment of disability Section If the final assessment of disability made by a medical practitioner after a medical examination, made in accordance with section 11 , is disputed by the employer or the worker, the employer or the worker may apply to the labour officer to request that the dispute be referred to the medical arbitration board. The application for referral shall be made within a reasonable time from the date of receipt of the notice of final assessment. The decision of the medical arbitration board on the matter shall be final unless a party aggrieved by the decision goes to court . The medical arbitration board shall be appointed by the Minister in consultation with the director general of health services upon terms and conditions that the Minister may determine by statutory instrument and shall consist of a chairperson, who shall be a registered medical practitioner , and two other members one of whom shall be a person knowledgeable in disabilities . The medical arbitration board may, at any time and for a specific period co-opt not more than two persons on the board to provide specialised expertise to the board. The medical arbitration board shall have a secretary who shall be the assistant labour commissioner in charge of workers compensation.

Section 13Verify source

§ 14Compensation for injury - Determination of claimsProvision

If an employer served with notice does not agree in writing within twenty-one days on the compensation amount, the worker may apply to the local court to enforce the claim; the court determines compensation claims (with a limited exception) and may call expert officers or medical practitioners to give evidence.

Section Determination of claims Section If any employer on whom notice of the accident has been served under section 9 does not, within twenty-one days after the receipt of the notice, agree in writing with the worker as to the amount of compensation to be paid, the worker may, in the prescribed form and manner, make an application for enforcing a claim to compensation to the court having jurisdiction in the district in which the accident giving rise to the claim occurred. All claims for compensation under this Act, unless determined by agreement, and any matter, except disputes as to the assessment of disability under section 13 , arising out of proceedings under this Act shall be determined by the court, whatever may be the amount involved. The court may, for the purpose of any proceedings under this section call upon any government officer or any independent medical practitioner to give evidence, if the court is of the opinion that the officer or practitioner is, by virtue of expert knowledge, capable of assisting the court .

Section 14Verify source

§ 15Compensation for injury - Power of court to submit question of lawProvision

The court may, if it thinks fit, submit any question of law to the High Court for its decision.

Section Power of court to submit question of law Section The court may, if it thinks fit, submit any question of law for the decision of the High Court. The submission shall be in the form of a special case in accordance with rules made under section 35 .

Section 15Verify source

§ 16Compensation for injury - AppealsProvision

Appeals to the High Court generally must be brought within thirty days of the court order, but the High Court may extend the time for appealing even if that time has elapsed.

Section Appeals Section Subject to this section and sections 12 and 25 , an appeal shall lie to the High Court from any order of the court. Except with the leave of the court or of the High Court, no appeal shall lie if the amount in dispute is less than one currency point . Leave shall not be granted under subsection (1) unless in the opinion of the court or of the High Court a substantial question of law is involved in the appeal. 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 of the parties. No appeal shall lie after the expiration of thirty days from the date of the order of the court , except that the High Court may extend the time for appealing under this section even if the time for appealing has elapsed.

Section 16Verify source

§ 17Compensation for injury - Effect of receipt of damagesProvision

Section Effect of receipt of damages Section When the injury in respect of which compensation is payable under this Act arises from an accident the circumstances of which create a legal liability on the employer , either directly or vicariously, or on some other person, for which the worker may recover damages in an action at law, the worker or person authorised to bring proceedings on his or her behalf, may, notwithstanding this Act, bring proceedings and recover damages. Where a claim for damages as referred to in subsection (1) is brought by a worker , the amount of compensation which he or she has been awarded under this Act shall be taken into account in the assessment of his or her loss. Where a claim for compensation under this Act is brought by a worker who has suffered injury , the amount of compensation payable shall be reduced by the amount of any damages following a finding of legal liability received in respect of the injury from any person. Where a claim for damages as referred to in subsection (1) is brought by a worker , the court in which the proceedings are taken may decide whether the circumstances of the cla are such that compensation under this Act is payable to the plaintiff and may assess the amount of compensation so payable, but may deduct from that compensation any extra costs which have been incurred by bringing proceedings independently of this Act. Where a worker has brought proceedings under this Act or otherwise against an employer and the proceedings have either been disposed of by the judgment of a competent court or have been the subject of agreement under section 12 , no further proceedings under this Act or otherwise in respect of the same injury shall be brought.

Section 17Verify source

§ 18Compensation for injury - InsuranceOffence

Employers must insure and keep insured against liabilities to their workers; specified insurers are listed by the Minister of Finance; employers must not make false statements to obtain insurance; employers must provide insurance information when requested by the labour commissioner; contravention is an offence with escalating fines and possible imprisonment.

Section Insurance Section An employer who contravenes this section commits an offence and is liable— Subject to subsections (2) and (3), every employer shall insure and keep himself or herself insured in respect of any liability which he or she may incur under this Act to any worker employed by him or her. The insurers empowered to offer insurance under this section shall be specified in a list kept by the Minister responsible for finance and published in the official Gazette. An employer shall not, for the purpose of obtaining a policy of insurance as required by this section, make any false statement or wilfully do any act in consequence of which the policy is liable to be voided or payment under the policy refused. An employer shall provide information regarding insurance effected to meet the requirements of this section, when reasonably requested by the labour commissioner or any person acting on his or her behalf. on a first conviction to a fine not exceeding ten currency points; on a second conviction to a fine not exceeding twenty currency points; and on a third and subsequent convictions, to a fine not exceeding one hundred and fifty currency points or imprisonment not exceeding twelve months or both.

Section 18Verify source

§ 19Compensation for injury - Powers of Minister regarding insuranceProvision

The Minister may, by regulations, make provision for declaring void certain insurance policy terms and for paying benefits under such policies in specified circumstances.

Section Powers of Minister regarding insurance Section The Minister may, by regulations, make provision for— declaring void any terms included in a policy of insurance which is issued for the purposes of section 18 ; paying benefits under that policy in circumstances where judgment of any liability required to be covered by section 18 has been obtained by the worker against the employer.

Section 19Verify source

§ 20Compensation for injury - Bankruptcy of employerCommencement

If an employer who has insured liability becomes bankrupt or is wound up, the employer's rights against the insurer transfer to the worker; the insurer has the same rights and liabilities as the employer (but not greater liability); and the worker may claim any shortfall in bankruptcy or from a receiver.

Section Bankruptcy of employer Section The amount due in respect of any compensation or liability for compensation shall be included among the debts which— For the purposes of subsection (4), the amount due in respect of compensation or liability for compensation shall have accrued before the following dates— Where any employer has entered into a contract with any insurer in respect of any liability under this Act to any worker , then if the employer becomes bankrupt or makes a composition or arrangement with his or her creditors, or if the employer is a company, if the company has commenced to be wound up or a receiver or manager of the company’s business or undertaking has been duly appointed, the rights of the employer against the insurer as regards liability shall, notwithstanding anything in any law relating to bankruptcy and the winding up of companies, be transferred to and vest in the worker . Where any transfer takes place under subsection (1), the insurer shall have the same rights and remedies and be subject to the same liabilities as if it were the employer ; except that the insurers shall not be under any greater liability to the worker than they would have been under the employer . If the liability of the insurer to the worker is less than the liability of the employer to the worker , the worker may prove for the balance in the bankruptcy or liquidation, or, as the case may be, he or she may recover the balance from the receiver or manager. under section 36 of the Bankruptcy Act are, in the distribution of the property or assets of a bankrupt, to be paid in priority to all other debts; and under section 315 of the Companies Act are, in the winding up of a company to be paid in priority to all debts. in the situation referred to in paragraph (a), the date of bankruptcy proceedings; in the situation referred to in paragraph (b), the date of commencement of the winding up of the company. Where the compensation is a periodical payment, the amount due in respect of the compensation shall, for the purpose of this section, be taken to be the amount of the lump sum for which the periodical payment could, if redeemable, be redeemed if the employer made an application for that purpose under this Act. Where the bankrupt or company in liquidation has entered into such a contract with insurers as is referred to in subsection (1), subsection (4) shall not apply in respect of the liability of the employer to the worker or that part of the liability which is met by the insurers.

Section 20Verify source

§ 21Compensation for injury - Contracting outCommencement

Any contract or agreement that makes a worker give up their right to compensation for a work-related injury is null and void to the extent it removes or reduces anyone’s liability to pay compensation under this Act.

Section Contracting out Section Any contract or agreement, whether made before or after the commencement of this Act, by which a worker relinquishes any right to compensation from an employer for injury arising out of and in the course of the worker ’s employment, shall be null and void insofar as it seeks to remove or reduce the liability of any person to pay compensation under this Act.

Section 21Verify source

§ 22Compensation for injury - Liability in case of contract of workProvision

Persons who award a contract or subcontract are liable to pay compensation to workers employed under that contract; persons contracting or subcontracting out work must notify the employer of claims; a person who pays compensation may be indemnified by the employer; workers may claim directly against the employer.

Section Liability in case of contract of work Section Where a claim is made under subsection (1), the person contracting or subcontracting out work shall notify the employer about the claim and the employer shall make preparation— Where a person awards a contract or subcontract to an employer for the execution of any piece of work, that person shall be liable to pay to any worker employed in the execution of the contract or subcontract by the employer any compensation under this Act as if that worker had been directly employed by that person. Where compensation is claimed or proceedings are taken against a person under subsection (1), any reference to the employer under this Act shall apply to that person except that the amount of compensation shall be calculated with reference to the earnings of the worker as paid by the employer . Where a person pays compensation under subsection (1), he or she shall be entitled to be indemnified by the employer . to pay compensation to the worker ; or to indemnify the person who paid the compensation to the worker . Nothing in this section shall be construed as preventing a worker from making a claim for compensation directly against the employer . This section shall not apply where the accident occurred in a place other than the place of execution of the contract or subcontract.

Section 22Verify source

§ 23Compensation for injury - Compensation not to be assigned, etc.Provision

Compensation payable under this Act cannot be assigned, charged, attached, passed to another person by operation of law, or subject to set-off by any claim.

Section Compensation not to be assigned, etc. Section Compensation payable under this Act 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 that compensation.

Section 23Verify source

§ 3Compensation for injury - Employer’s liabilityProvision

If a personal injury by accident arises out of and in the course of a worker's employment, the employer must pay compensation under this Act; the employer is not liable for injuries that do not result in permanent incapacity or do not incapacitate the worker for at least three consecutive days.

Section Employer’s liability Section The employer shall not be liable in respect of an injury which does not either— If personal injury by accident arises out of and in the course of a worker ’s employment, the injured worker ’s employer shall be liable to pay compensation in accordance with this Act. result in permanent incapacity; or incapacitate the worker for at least three consecutive days from earning full wages at the work at which he or she was employed. An act shall be deemed to be done out of and in the course of employment when a worker acts to protect any person on the employer ’s premises whom the worker believes to be injured or imperilled, or when a worker acts to protect property on the employer ’s premises. Any personal injury by accident arising while the employee is travelling directly to or from his or her place of work for the purpose of employment shall be deemed to be an accident arising out of and in the course of his or her employment. For the purposes of this section, it shall be for the employee who suffers injury by accident arising while travelling to or from his or her place of work to show that such travel was direct. Compensation shall be payable under this section whether or not the incapacity or death of the worker was due to the recklessness or negligence of the worker or otherwise. Any accident arising in the course of employment shall, unless the contrary is proved, be presumed to arise out of employment. Compensation in cases of permanent incapacity or death shall, in principle, be paid in the form of periodic payments; otherwise, they may be awarded in lump sums as provided under this Act.

Section 3Verify source

§ 4Compensation for injury - Fatal injuriesProvision

If a worker dies and leaves dependents, compensation is a sum equal to sixty times the worker's monthly earnings (subject to a maximum the Minister may vary); if the worker leaves no dependents the employer must pay medical and burial expenses; dependents may recover those expenses from a liable employer.

Section Fatal injuries Section Where the deceased worker leaves any family members who are dependent on his or her earnings , the amount of compensation shall be a sum equal to sixty times his or her monthly earnings , computed in accordance with section 8 subject to a maximum which may be varied by the Minister on the recommendation of the labour advisory board. Where the deceased worker does not leave any family members who are dependent on his or her earnings , the employer shall pay the expenses of the medical aid provided and the burial expenses of the deceased. Where the deceased worker has, in respect of the same accident, received compensation under section 5 or 6 , half of that amount shall be deducted from the sum payable under subsection (1). It shall be presumed for the purposes of this Act that a worker has dependents unless the local authority of the home area of the deceased prove otherwise. Where an injury results in the death of a worker , any compensation payable under this Act shall be paid to the labour commissioner who, in consultation with the Administrator General, will pay it to the beneficiaries according to the degree of dependence of the survivors to the deceased. If the worker is killed as a result of an accident for which the employer has liability under this Act, the dependents (if any) of the deceased may recover from the employer the expenses of medical treatment of the deceased, burial of the deceased and expenses incidental to the medical treatment and burial of the deceased.

Section 4Verify source

§ 5Compensation for injury - Permanent total incapacityProvision

Section Permanent total incapacity Section Except where the terms and conditions of service provide for a higher compensation, where permanent total incapacity results from any injury , the amount of compensation shall be a sum equal to sixty months’ earnings . Where an injury under this section is such as to be likely to require the injured worker to have the constant assistance of another person on a permanent basis, then the amount of compensation payable shall be increased by one-quarter.

Section 5Verify source

§ 6Compensation for injury - Permanent partial incapacityProvision

Where permanent partial incapacity results from an injury, compensation is calculated as a percentage of sixty times the worker's monthly earnings; multiple injuries from the same accident are aggregated but the total cannot exceed the amount payable for permanent total incapacity. The Minister, on the recommendation of the labour advisory board, may increase the compensation by statutory instrument.

Section Permanent partial incapacity Section Where permanent partial incapacity results from the injury , the amount of compensation shall be— in the case of an injury specified in the Second Schedule to this Act, such percentage of sixty times the workers’ monthly earnings as is specified in that Schedule as being the percentage of the loss of earning capacity caused by that injury ; in the case of an injury not specified in the Second Schedule to this Act, such percentage of sixty times the workers’ monthly earnings as is proportionate to the loss of earning capacity permanently caused by the injury . Where more than one injury results from the same accident, the amount of compensation shall be aggregated, but the amount of compensation payable under this section shall not be greater than the amount that would have been payable if the accident had caused the worker to suffer permanent total incapacity . The Minister on the recommendation of the labour advisory board may, by statutory instrument, increase the amount of compensation payable under this section.

Section 6Verify source

§ 7Compensation for injury - Temporary incapacityProvision

When an injury causes temporary incapacity, compensation may be a lump sum or periodic payments as the court may order; hospitalisation or certified absence counts as temporary total incapacity, subsequent periods before final assessment count as temporary partial incapacity, and periodical payments normally must not exceed ninety-six months unless a medical practitioner certifies a longer period.

Section Temporary incapacity Section Where temporary incapacity, whether total or partial, results from the injury , the compensation shall be either a lump sum or periodic payments as the court may order, having regard to the circumstances in which the accident took place, the probable duration of the incapacity of the worker , the injuries suffered by the worker and the financial consequences for the worker and his or her dependents . The period covered by hospitalisation or 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 but preceding final assessment of disability shall be regarded as a period of temporary partial incapacity, both periods being continuous with each other, variations in payments notwithstanding; and the maximum duration of periodical payments under this section shall not exceed ninety-six months, except where in the opinion of a medical practitioner , the period of incapacity is longer, it may be extended beyond the ninety-six months.

Section 7Verify source

§ 8Compensation for injury - Calculation of earningsProvision

Monthly earnings are computed to reflect the worker’s remuneration during the twelve months immediately preceding the accident (annual earnings are twelve times that monthly sum); if that is not possible because of short employment or other good cause, average monthly earnings of a person of similar capacity in similar employment may be used; a dependent’s legal representative has no right to receive compensation if the dependent dies before payment; payments made by an employer pending claim settlement are deducted from compensation except medical expenses under section 24.

Section Calculation of earnings Section For the purpose of this Act, the monthly earnings of a worker shall be computed in a manner best calculated to give the rate per month at which the worker has been remunerated during the twelve months immediately preceding the accident, and the computation of annual earnings shall be a multiple of twelve of that sum. Where, by reason of the shortness of time during which the worker has been employed or for other good cause, it is not possible to compute the earnings of the worker in the way mentioned in subsection (1), regard may be had to the average monthly amount which was being earned by a person of similar earning capacity in the same grade as the worker and employed at the same or similar employment. Where a dependent dies before payment of compensation in respect of a worker ’s death is made to the dependent, his or her legal representative shall have no right to receive the payment, and the claim for compensation shall be dealt with as if that dependent had died before the worker . Where an employer makes a payment to a worker or the dependents of a deceased worker pending the settlement of determination of a claim arising under this Act, the receipt shall be deducted from the amount of the compensation payable in respect of the accident, except medical expenses as provided for under section 24 .

Section 8Verify source

§ 9Compensation for injury - Notification of accidentProvision

A worker must give notice of an accident to the employer as soon as reasonably practicable and within specified time limits, unless the employer was already aware or there is a reasonable cause.

Section Notification of accident Section Compensation may not be payable under this Act unless notice of the accident has been given to the employer by or on behalf of the worker as soon as is reasonably practicable, and in any case within one month after the date when the accident occurred or within three months after the date the symptoms of the occupational disease became apparent; but no notice is required where it is shown that the employer was aware of the accident or disease at or about the time it occurred or at the time when the symptoms became evident, or for any reasonable cause. Notice in respect of an accident causing injury to which this Act applies shall be given in a form prescribed by the Minister , by regulations.

Section 9Verify source

Part III

Medical aid

§ 24Medical aid - Medical aidProvision

When an accident gives a worker a right to compensation, the employer must pay reasonable medical, transport and incidental costs incurred by the worker.

Section Medical aid Section Where an accident occurs entitling the worker to compensation under this Act, the employer shall defray the reasonable costs incurred by the worker — in respect of medical expenses; and in respect of transport and incidental expenses, The court may, when determining any dispute in respect of the compensation or upon the application of any interested person, order the payment of any of the expenses referred to in this section to the persons entitled to receive it. If the worker is killed as a result of an accident for which the employer has liability under this Act, the dependents (if any) of the deceased may recover from the employer the expenses of medical treatment of the deceased if no medical care was paid under section 11 (4), burial of the deceased and expenses incidental to the medical treatment and burial of the deceased.

Section 24Verify source

§ 25Medical aid - Decisions of the court concerning treatment and medical reportsProvision

Disputes about whether medical aid is necessary or sufficient under this Part must be decided by the court.

Section Decisions of the court concerning treatment and medical reports Section All disputes as to the necessity for, or the character or sufficiency of, any medical aid provided or to be provided under this Part of the Act shall be determined by the court .

Section 25Verify source

§ 26Medical aid - Procedures relating to claimsProvision

Specifies procedures for payment of compensation: employers must pay compensation to the district labour officer; the district labour officer must pay entitled persons within two weeks of receipt or as soon as practicable; the district labour officer may serve notices on behalf of workers; if unable to pay, the officer must pay into the Consolidated Fund but that does not prevent later claims which must be certified and may lead to reimbursement.

Section Procedures relating to claims Section Except where, after consultation with the labour advisory board , a contrary procedure is prescribed by the Minister by regulations, for particular categories of workers suffering injuries giving rise to compensation under this Act, the following procedure shall govern the payment of compensation— any compensation due shall be paid by the employer to the district labour officer , and the district labour officer shall, as soon as is practicable, and in any case not later than two weeks after receipt of a claim, pay any such sum to the worker or other person or persons entitled to receive it; any notice required under this Act to be served by a worker may be served by a district labour officer ; where compensation has been paid by the employer to the district labour officer , and the district labour officer is unable after taking reasonable steps to pay it to the person or persons entitled to receive it, the district labour officer shall pay the sum into the Consolidated Fund; except that payment into the Consolidated Fund shall not preclude the subsequent making of a claim to the district labour officer for payment to persons entitled by law to receive the payment of compensation; where any subsequent claim for payment of compensation as mentioned in subparagraph (c) is made, it shall be certified by the district labour officer ; and the district labour officer shall be reimbursed as necessary by the repayment of a sum paid by him or her into the Consolidated Fund.

Section 26Verify source

Part IV

Occupational diseases

§ 27Occupational diseases - Compensation payable in respect of diseasesProvision

If a medical practitioner certifies that a worker has a scheduled disease caused by the nature of employment (contracted within 24 months unless it manifests after several years), the worker or their dependents are entitled to claim and receive compensation; the worker (or someone acting for them) must give a copy of the certificate to the employer and the district labour officer.

Section Compensation payable in respect of diseases Section Where a medical practitioner grants a certificate stating that— For the avoidance of doubt, it is stated that a disease is contracted for the purposes of this section either— a worker is suffering from a scheduled disease causing disablement or that the death of a worker was caused by any scheduled disease ; and the disease was due to the nature of the worker ’s employment and was contracted within the twenty-four months immediately previous to the date of the disablement or death, except in the case of a scheduled disease which manifests itself after or during several years of employment, the worker , or if he or she is deceased, his or her dependents shall be entitled to claim and to receive compensation under this Act as if the disablement or death had been caused by an accident arising out of and in the course of his or her employment. when the symptoms of the disease are clearly manifested in physiological or psychological signs; or when it is first diagnosed by a medical practitioner . Whenever a medical practitioner grants a certificate under this section, it shall be the duty of the worker or a person acting on his or her behalf, to give a copy of the certificate to the employer and the district labour officer .

Section 27Verify source

§ 28Occupational diseases - Employers duty to report scheduled diseasesProvision

Section Employers duty to report scheduled diseases Section Whenever a medical practitioner grants a certificate as is mentioned in section 27 , it shall be the duty of the employer of the worker to make and submit, at once, a written report of the case giving all the particulars contained in the certificate to the labour officer of the area.

Section 28Verify source

§ 29Occupational diseases - Liability to pay compensationProvision

Employers who last employed a worker within the specified 24‑month period must pay compensation unless they prove the disease was not contracted during that employment; workers or dependents must provide employer-requested information on other employers; other employers may be joined and may be liable to contribute for gradual diseases; the Minister may order medical examinations by statutory instrument; where liability cannot be allocated each employer must contribute as the labour commissioner deems appropriate.

Section Liability to pay compensation Section Subject to subsection (5), compensation shall be payable by the employer who last employed the worker during the period of twenty-four months referred to in section 27 (1)(b) unless that employer proves that the disease was not contracted while the worker was in his employment. The worker or his or her dependents shall, if required by the employer from whom compensation is claimed, provide the information they have as to the identity and location of all other employers of the worker during the period of twenty-four months referred to in section 27 (1)(b). If the employer alleges that the disease was in fact contracted while the worker was in the employment of another employer and not while in his or her employment, the employer may join the other employer as a party to the proceedings in the manner provided by rules of court made under section 35 ; and, if the allegation is proved, the other employer shall be the employer from whom the compensation is to be recoverable. If the claim is in respect of a disease which is contracted by a gradual process, every other employer who employed the worker during the period of twenty-four months referred to in section 27 (1)(b), if the employment was in an occupation which is likely to have caused the disease from which the worker suffers or has suffered, is liable to make a contribution to the employer in respect of whom compensation is recovered; the amount of the contribution shall, if the parties fail to agree, be settled by civil suit or by consensual arbitration under the Arbitration and Conciliation Act. The Minister may by statutory instrument, order medical examination of certain categories of workers. Where, in respect of any scheduled disease which manifests itself during or after several years of employment, compensation is payable under this section to a worker who was successively employed by more than one employer , if it is not possible to determine which of those employers is solely liable to pay the compensation, then each employer shall contribute the sum which in the opinion of the labour commissioner is appropriate, given the period of employment of the worker with each of the different employers.

Section 29Verify source

§ 30Occupational diseases - Fixing of datesProvision

For scheduled diseases, the "date of the occurrence of the accident" is defined as the certificate date for disablement and as the worker's date of death for death; compensation calculations must refer to the worker's earnings at the date of the certificate (with alternative rules where not employed then or where computation is impracticable).

Section Fixing of dates Section In the application of the provisions of this Act to disablement or death caused by a scheduled disease , any reference to the date of the occurrence of the accident shall be construed to mean— in the case of a disease causing disablement, the date of the certificate referred to in section 27 ; and in the case of death from a disease, the date of the death of the worker . The provisions of section 9 concerning notification to the employer shall apply in respect of the recovery of compensation as they apply in respect of the recovery of compensation for an injury resulting from an accident. Compensation shall be calculated with reference to the earnings of the worker under the employer from whom the compensation is recoverable; and the monthly earnings of the worker shall be computed in the manner best calculated to give the rate per month at which the worker was being remunerated at the date of the grant of the certificate referred to in section 27 . Where at the date of the grant of the certificate the worker was not so employed, the earnings shall be computed in a manner best calculated to give the rate per month at which the worker was being remunerated when last employed by the employer from whom compensation is recoverable. Where by reason of the shortness of the time during which the worker has been in the employment of the employer or the casual nature of the employment, or the terms of employment, it is impracticable to compute the rate of remuneration in the manner mentioned in subsection (3) or (4), regard may be had to the average monthly amount which, during the last twelve months of employment with that employer , 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. For the purpose of assessing the compensation payable in cases of permanent incapacity, where a worker was, at the date of the grant of the certificate, under the apparent age of eighteen years, his or her earnings shall be deemed to be an amount which had he or she not contracted the disease, he or she would probably have received upon attaining the age of eighteen years or at the end of a period of five years after the date of the grant of the certificate whichever calculation is more favourable to the worker .

Section 30Verify source

§ 31Occupational diseases - Presumption as to cause of diseaseProvision

If a worker who becomes disabled by or dies of any disease mentioned in the Third Schedule to this Act was, within the period of twenty-four months immediately preceding the disablement or death, employed in any occupation mentioned in Column II of that Schedule in relation to that disease, it shall be presumed, until the contrary is proved, that the disease was due to the nature of that employment.

Section Presumption as to cause of disease Section If a worker who becomes disabled by or dies of any disease mentioned in the Third Schedule to this Act was, within the period of twenty-four months immediately preceding the disablement or death, employed in any occupation mentioned in Column II of that Schedule in relation to that disease, it shall be presumed, until the contrary is proved, that the disease was due to the nature of that employment.

Section 31Verify source

§ 32Occupational diseases - Power of Minister to amend the Third ScheduleAmendment

The Minister may, after consulting the labour advisory board, amend the Third Schedule by inserting or deleting any disease; before making such regulations the Minister must publish a Gazette notice inviting written objections to the labour commissioner and must consider those objections and not issue the regulation until at least one month after the notice.

Section Power of Minister to amend the Third Schedule Section Subject to the other provisions of this section, the Minister may, after consultation with the labour advisory board , by regulations, amend the Third Schedule to this Act by inserting in or deleting from that Schedule any disease. Before the Minister makes any regulation under this section, the Minister shall cause to be published in the Gazette a notice of his or her intention to make the regulation inviting persons wishing to object to the making of the regulation to submit their objections in writing to the labour commissioner within a period specified in the notice. The Minister shall consider the objections submitted under subsection (2) and shall in any case not issue the regulation before the expiry of at least one month after the date of the notice referred to in subsection (2).

Section 32Verify source

Part V

General

§ 33General - RegulationsOffence

The Minister may make regulations (including by statutory instrument) to implement the Act; regulations may prescribe fines and imprisonment limits (including higher penalties for repeat offences); and the labour advisory board must review certain financial limits at least once a year and report to the Minister.

Section Regulations Section Without prejudice to the general effect of subsection (1), the Minister may make regulations under that subsection for the following purposes— Regulations made under this section may prescribe a penalty of a fine not exceeding thirty currency points or imprisonment not exceeding one year or both in respect of a contravention of any provision of the regulation— Subject to the provisions of the Act, the Minister may, by statutory instrument make regulations for giving full effect to the purposes and provisions of this Act. for any purpose for which regulations are required or authorised to be made under this Act; prescribing anything required or authorised to be prescribed under this Act; prescribing procedure, forms and fees. in respect of a second or subsequent offence, a penalty of a fine not exceeding sixty currency points or imprisonment not exceeding two years or both; and an additional penalty not exceeding three currency points in respect of each day on which the offence continues. Without prejudice to the powers of the Minister under this section, the labour advisory board shall, at intervals of not less than once in each calendar year, to review the general level of financial limits fixed for the payment of compensation and fines under this Act, and to submit its views regarding the adequacy of those limits to the Minister .

Section 33Verify source

§ 34General - Offences by bodies of personsOffence

If a body commits an offence, then for a company every director or officer of the company commits the offence, and for a firm or partnership every partner commits the offence; however, a person does not commit the offence if they prove the act or omission occurred without their knowledge or consent.

Section Offences by bodies of persons Section Where an offence under this Act or under any regulations made under it is committed by a body of persons then— if that body is a company, every director or officer of the company commits the offence; and if the body is a firm or partnership, every partner of the firm or partnership commits an offence. A person commits no offence under subsection (1) if he or she proves that the act or omission constituting the offence took place without his or her knowledge or consent.

Section 34Verify source

§ 35General - Rules of courtProvision

The Chief Justice may make rules of court, including regulating proceedings and fees.

Section Rules of court Section The Chief Justice may make rules of court for regulating proceedings before the court under this Act and for the fees payable in respect of those proceedings.

Section 35Verify source

§ 36General - Workers and dependents outside UgandaProvision

Employers must pay compensation for workers or dependents resident and domiciled outside Kenya, Uganda or Tanzania to the labour officer; the labour commissioner must arrange transmission; if the proper recipient cannot be identified the labour officer must pay into the Consolidated Fund via the Administrator General.

Section Workers and dependents outside Uganda Section Compensation awarded under this Act to a worker or dependent who is resident and domiciled outside Kenya, Uganda or Tanzania shall be paid by the employer to the labour officer . The labour commissioner shall make such arrangements as he or she considers to be appropriate for the transmission of compensation to the worker or dependent entitled to the compensation. Where, in a claim arising under this section, it is not possible to identify the proper recipient of compensation or any person dependent upon him or her, the labour officer shall pay the compensation to the Administrator General for payment into the Consolidated Fund. Nothing in this section shall prevent payment of any compensation due under this Act to any person, as and when that person or his or her dependent is identified.

Section 36Verify source

§ 37General - Power of Minister to amend the First ScheduleAmendment

The Minister may amend the First Schedule by statutory instrument with the approval of the Cabinet.

Section Power of Minister to amend the First Schedule Section The Minister may, by statutory instrument, with the approval of the Cabinet, amend the First Schedule to this Act.

Section 37Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Bankruptcy Act
Section 20
First Schedule to this Act
Section 37

T–Z

2 instruments

Third Schedule to this Act
Section 32
Uganda. Section Application Section This Act
Section 2

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