MALAWI:   Workers' Compensation Act, 2000                                                    MALAWI SDNP
 
 
 PART II-ELIGIBILITY FOR COMPENSATION IN CASE OF INJURY OTHER THAN THE CONTRACTION OF A SCHEDULED DISEASE
 
Employer's 
liability for  
for death or  
compensation  
incapacity  
due to injury  
other than the  
 a scheduled  
disease 
4. (1) If an injury, other than the contraction of a scheduled dis- ease, arising 
          out of and in the course of his employment is caused to a worker, his 
          employer shall, subject to this Act, be liable to pay compensation in 
          accordance with this Act. 
 
    (2) An employer shall not be liable to pay compensation under 
          contraction of this Act- 

        (a)  in respect of any injury which incapacitates the worker for a period 
              of less than seven days from earning full wages or salary at the work 
              at which he was employed; 

        (b) in respect of any incapacity or death resulting from deliberate 
              self-injury; or 

        (c) if it is proved that the injury to the worker is attributable to the serious 
              and wilful misconduct of that worker, or if the worker has at any time 
              represented in writing to the employer that he was not suffering, or 
              had not previously suffered, from that or a similar injury knowing that 
              the representation was false: 

             Provided that where the injury results in death or serious permanent 
             incapacity, the Commissioner may nevertheless, upon consideration 
             of all the circumstances, award compensation to such extent as he 
             considers appropriate with the approval of the Board. 

       (3) For the purpose of this Act, an injury incurred by a worker in 
             the course of his employment shall be deemed, unless the contrary 
              is proved, also to have arisen out of that employment. 

        (4) For the purposes of this Act, an injury incurred by a worker while 
             he is acting for the purpose of and in connexion with his employer's 
             business, and resulting in the death or serious permanent incapacity 
             of the worker shall be deemed to have arisen out of and in the course 
             of his employment, not withstanding that the worker, at the time the 
             injury was incurred, was acting in contravention of any statutory or 
             other regulation applicable to his employment or any orders or 
             instructions given by or on behalf of his employer, or that he was 
             acting without orders or instructions from his employer. 

       (5) For the purposes of this Act, an injury incurred by a worker in or 
             about any premises at which he is for the time being employed 
             for the purposes of his employer's business shall be deemed to have
             arisen out of and during the course of his employment if the injury 
             is incurred while he is taking steps in an actual or supposed emergency
             in or about those premises to rescue, succour or protect persons who
             are, or are thought to be, injured or imperilled or to avert or minimize
             damage to property owned or utilized by the employer or for which
             the employer was responsible to the owner. 

        (6) For the purposes of this Act, an injury incurred by a worker while 
              he is travelling to or from his place of employment shall be deemed 
              to have arisen out of and in the course of his employment if he is, 
              with the express or implied permission of the employer, travelling on
              or by means of transport- 

              (a) provided by the employer for carrying workers employed by him;
                   or 

              (b) which is under the control of the employer or accepted by the 
                    employer for use by a worker and the employer has expressly 
                    or impliedly authorized its use for carrying a worker or workers 
                    employed by him. 
 

Compensation, 
how paid 
and.by whom
  5. Where an employer is liable to pay compensation under this Act to a 
       worker or to the dependents or the personal representative of a worker, 
        the compensation shall be paid by the Commissioner out of the Fund, 
        on behalf of the employer, where the employer is subject to assessment 
        under Part XI and where the employer has paid his assessment in 
        accordance with regulations made by the Minister, on the
        recommendation of the Board, under this Act. 
 
Workers 
engaged on 
business 
outside 
Malawi, etc.
  6. (1) Where the usual place of employment of a worker is in Malawi and he 
            suffers injury while he is temporarily employed outside Malawi by the 
            same employer, the woker shall be entitled to compensation from the 
            employer in the same manner as if the injury were incurred during 
            employment in Malawi. 

      (2) Where the usual place of employment of a worker is outside Malawi, 
            and he suffers injury while he is temporarily employed  inside Malawi
            he shall be entitled to compensation from the employer in the same 
            manner as if he were ordinarily employed in Malawi: 

            Provided that such worker shall not be entitled to payment of his 
            compensation out of the Fund unless his employer has prior thereto 
            agreed with the Commissioner to be assessed and-has in fact paid 
            his assessment in that regard. 

      (3) Where in the circumstances set out in subsections (1) and (2) 
             the worker is also entitled to compensation under the law of 
             another country and upon the worker electing to claim compensation 
             under this Act, the Commissioner shall- 
 
            (a) before paying any compensation make due inquiries to satisfy 
                  himself that the worker has not already claimed under the law of 
                  that other country; and 

            (b) where compensation is paid to the worker under this Act, 
                  notify that fact to the person liable to pay compensation to the 
                  worker under the law of that other country. 

       (4) Where a worker is engaged in Malawi for the purpose of service in 
             another country and he suffers injury while on his way to commence 
             employment in such other country or while being repatriated to his 
             place of engagement in Malawi, he shall be entitled to compensation 
             from the employer in the circumstances set out in section 4 (6)
             whether the injury was incurred in Malawi or outside Malawi.