MALAWI:  WORKERS' COMPENSATION ACT, 2000                                                    MALAWI SDNP


incapacity or  
death due to  
a scheduled  
 16. (1) Where a medical practitioner grants a certificate- 
              (a)  that a worker is suffering from a scheduled disease causing 
                     incapacity or that the death of a worker was caused by a 
                     scheduled disease; and 

              (b)  that such disease was due to the nature of the worker's 
                    employment and was contracted within the period prescribed in 
                    the Second Schedule preceding the date of such incapacity or 

              and the Board is satisfied on evidence that the allegations 
              contained in the certificate are correct, the worker or, if the worker 
              is dead, his dependents shall be entitled to compensation under this 
             Act as if such incapacity or death were dealt with in accordance 
             with the provisions of section 7, 8 or 9 and the other relevant 
             provisions of this Act shall apply with any necessary modifications: 
             Provided that in no event shall the worker or his dependents be 
             entitled to compensation in respect of any causation or aggravation 
             of the disease which was due to employment outside Malawi, except 
             in respect of a worker from Malawi employed outside Malawi by 
             his employer within Malawi. 

       (2) In any case of any incapacity or death arising from a scheduled 
            disease, 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 scheduled disease, knowing that the 
            representation was false, then the Board after considering all the 
            circumstances, may declare forfeit the compensation provided for 
            by this Act or such part thereof as the Board thinks fit; and any sum 
            paid as compensation to any person upon a false representation shall 
            be recoverable by the Board as a civil debt owing to the Fund. 

to pay  
compensation in case 
of incapacity or 
death due to 
scheduled disease
 17. (1) Compensation payable under section 16 shall be paid by 
             the employer who last employed the worker during the period 
             prescribed in the second schedule unless that employer proves that 
             the disease was not contracted while the worker was employed by 
             him and has not been aggravated by reason of conditions in his 

       (2)  The worker or his dependents if so required by the employer or 
              the Board shall furnish to the employer from whom compensation 
              is claimed such information as the worker possesses or as the 
              dependents possess as to the names and addresses of all other 
              employers who during the said period referred to in section 16 
              employed the worker in the occupation to the nature of which the 
              disease is due. 

       (3) Where the employer alleges that the disease was in fact contracted 
             while the worker was employed by some other employer and 
             not while employed by him he may join such other employer as a 
             party to the proceedings in such manner as may be prescribed, and, 
             if the allegation is proved, that other employer shall be the employer 
             from whom the compensation shall be recoverable. 

      (4)  If the disease is of such a nature as to be contracted by a gradual 
             process, any other employers who, during the period referred to 
             in section 16 employed the worker in the occupation to the nature of 
             which the disease is due may be required by the Board to make to 
             the employer from whom compensation is recoverable such contri- 
             butions as by agreement with such other employer or employers 
             may be determined or, in default of such agreement, may seem to 
             the Board to be appropriate. 

 relating to 
 incapacity or  
death due to  
scheduled diseases 
18. (1) In the application of this Act to incapacity or death caused by a 
            scheduled disease, references to the date of the injury shall be 
            construed as meaning- 
           (a) in the case of a scheduled disease causing incapacity, the date 
                of the certificate referred to in section 16; and 
           (b) in the case of death from a scheduled disease, the date of the 
                death of the worker. 

      (2) The relevant provisions of this Act including those relating tothe giving 
            of notice of an injury to the worker by an employer to the Board, 
            the making of a claim for compensation therefor and the calculation 
            of the earnings of a worker shall apply in respect of the recovery of 
            compensation under this Part with necessary modifications. 

 as to cause  
of a scheduled 
19.  If a worker who becomes incapacitated or who dies as a result of any 
       scheduled disease was, within the period prescribed in the Second 
       Schedule preceding the incapacity or death, employed in any occupation 
       specified in relation to that disease in the Second Schedule it shall be 
       presumed unless or until the contrary is proved, that the disease was 
       due to the nature of such employment. 
Right of  
worker to 
proceed against  
previous employer 
20.  Nothing in this Part shall be construed as preventing compensation being 
       recovered from any employer who employed the worker durin the period 
       referred to in section 16 if the employer who last employed the worker 
       during that period proves that the disease was not contracted while the 
       worker was employed by him, in which case section 17(3) shall apply. 
to amend 
21. (1) The Minister may, after consultation with the Board, by notice 
            published in the Gazette, delete from the Second Schedule any disease 
            specified therein and may, in like manner, insert any other disease in 
            that Schedule: 

       Provided that the Minister shall cause to be published in the Gazette the 
       intention to make such an order at least thirty days before the making 
       of the order, and any person wishing to object to the making of such an 
       order may make his objections in writing to the Minister. 

       (2) The Minister shall consider the merits of any objection made pursuant 
             to subsection (1) but shall have power to make any decision thereon 
             as he sees fit after consultation with the Board and shall be obliged to 
             give reasons for his decision 

clinical test for 
scheduled diseases 
22. The Board may make rules providing for pre-engagement clinical tests in 
       regard to scheduled diseases.