MALAWI:   WORKER'S COMPANSETION, 2000                                                 MALAWI SDNP


Method of 
11. (1)  For the purposes of this Act the monthly earnings of a worker shall
             be computed in such manner as is best calculated to give the rate per
             month at which the worker was being remunerated during the 
             previous twelve months if he has been 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: 

             Provided that where by reason of the shortness of the time during
             which the worker has been in the employment of his employer or 
             the casual nature of the employment or by reason of the terms of 
             the employment, it is impracticable at the date of the injury to 
             compute the rate of remuneration, regard may be had to the average
             monthly amount which, during the twelve months previous to the
             injury, 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 or locality. 

       (2) 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 worker was employed at the time of the 
            injury uninterrupted by absence from work due to illness or any 
            other unavoidable cause. 

       (3) Upon request by the worker or by the Commissioner or any duly 
             authorized person acting on behalf of the worker under this Act to 
             the employer who is liable to pay compensation, that employer shall
             furnish in writing a list of the earnings which have been earned by that 
             worker upon which the amount of the monthly earnings may be 
             calculated for the purposes of this section. 
      (4) Any employer who, without reasonable cause, fails to furnish a list
            upon request made under subsection (3) or who furnishes or causes 
            to be furnished any such list which he knows or has reason to believe 
            is false in any material particular shall be guilty of an offence and liable
            to a fine of K20,000.

entitled to 
12.  (1) The compensation under this Act shall be payable to or  for the benefit
            of the worker or, where death results from the injury, to or for the 
            benefit of his dependents. 

    (2) Where there are both total and partial dependents, nothing in this Act 
          shall be construed as presenting the compensation being allotted partly
          to the partial dependents. 

    (3) Where a dependent dies before a claim in respect of death is made 
          under this Act or, if a claim has been made, before an order for the
          payment of compensation has been made, the personal representative 
          of the dependent shall not be entitled to payment of compensation, and 
          the claim for compensation shall be dealt with as if that dependent had 
          died before the worker.

13. (1) Compensation payable where the death of a worker has resulted from
            an injury shall be paid by the Board out of the Fund on behalf of the

      (2) Compensation payable under sections 7, 8 or 9 shall be paid by the 
            Board of the Fund and any sum so paid shall be paid to any person
            entitled thereto or be invested, applied or otherwise dealt with in such
            a manner as the Board thinks shall be beneficial to that  person. 

     (3) The receipt issued by the Board shall be a sufficient discharge in 
          respect of any amount paid by an employer to the Board under this Act.
     (4) Any order or direction of the Board under this section shall be final.