MALAWI: WORKERS'  COMPENSATION ACT, 2000                                                    MALAWI SDNP
 
 
 
 PART 111-COMPENSATION FOR INJURY CAUSED OTHERWISE THAN BY
 THE CONTRACTION OF A SCHEDULED DISEASE
 
Compensation
 in fatal
cases
 7.  (l) Subject to section 10, where death results from injury caused
           otherwise than by the contraction of a scheduled disease to a 
           worker in circumstances in which compensation is payable- 

           (a)  if the worker leaves any dependents wholly dependent upon his
                 earnings, the amount of compensation shall be a sum equal to
                 forty-two times his monthly earnings at the time of the injury:

        Provided that, where in respect of the same injury compensation  has 
        already been paid for permanent total incapacity or permanent partial 
        incapacity, such compensation shall be deducted from the sum payable
        as compensation for the death of the worker, but in no case shall the 
        estate of the deceased worker be liable to refund any sum, in excess of
        the amount payable hereunder upon death, paid to the deceased worker
        for such permanent total incapacity or permanent partial incapacity;

            (b) if the worker leaves no dependents, the reasonable expenses of 
                  medical attendance on the deceased worker and the burial of
                  his body shall be paid by the employer.

       (2) Expenses due to any person under subsection (1) (b) shall be 
             recoverable from the Fund.
 

Compensation
 in the case of
permanent
total incapacity
  8. (1) Subject to section 10, where permanent total incapacity results from
            injury to a worker in circumstances in which compensation is payable, 
            the amount of compensation shall be a sum equal to fifty-four times the
            monthly earnings at the time of the injury.

      (2) Where the permanent total incapacity is of such a nature that the
            injured worker must have the constant help of another person,
            compensation additional to that provided under subsection (1) shall
             be payable out of the Fund as approved by the Board.
 

Compensation
in the case of
permanent
 partial
 incapacity
9. (1) Where permanent partial incapacity results from injury to a worker in 
          circumstances in which compensation is payable, the amount of 
          compensation shall be-

          (a) in the case of an injury specified in the First Schedule, such
               percentage of the compensation which would have been payable
               in the case of permanent total incapacity as is specified in that
               Schedule as being the percentage caused by that injury; and

          (b) in the case of an injury not specified in the First Schedule, such 
                percentage of the compensation which would have been payable
                in the case of permanent total incapacity as is proportionate to the
                loss of earning capacity permanently caused by the injury in any 
                employment which the employee was capable of  undertaking at 
                the time of his injury:

           Provided that in no case shall the amount of compensation  payable 
           under this subsection be greater than the amount of compensation
           payable under section 8.

     (2) Where more injuries than one are caused to the worker by the same
            accident, the amount of compensation payable under this section shall 
            be aggregated, but not so as to exceed the amount which would have 
            been payable if permanent total incapacity had resulted from the 
            injuries.
 

Minister may
prescribe
 maximum
amounts of 
compensation
 payable under
this Act
10.  Compensation payable under this Act shall be subject to such maximum
        amounts as the Minister may, on the advice of the Board, prescribe by 
        order published in the Gazette and the Minister may prescribe different 
        maximum amounts of compensation relative to the earning capacity of
        workers.