MALAWI:   WORKERS' COMPENSATION ACT, 2000                                            MALAWI SDNP
as to notice of  
injury and  
for compensa-  
23.   Proceedings under this Act for the recovery of compensa- 
        tion for an injury shall not be maintainable unless notice of the 
        injury has been given to the Board by or on behalf of the worker as 
        soon as practicable after it has been incurred and before the worker 
        has voluntarily left the employment in which he was injured, and 
        unless the application for compensation with respect to such injury 
        has been made within twelve months from the date it was incurred 
        or, in the case of death, within twelve months from the time of 

         Provided that- 

         (a)  the want of, or any defect or inaccuracy in, such notice shall not be 
               a bar to the maintenance of such proceedings if the employer is 
               proved to have had knowledge of the injury from any other source 
               at or about the time it was incurred, or if it is found in the 
               proceedings for settling the claim that the employer is not, 
               or would not, if a notice or an amended notice were then given 
               and the hearing postponed, be prejudiced in his defence by the 
               want, defect or inaccuracy or such want, defect or inaccuracy was 
               occasioned by mistake or other reasonable cause; 

         (b)  the notice may be given, and the application may be made, under 
                this section by a Labour Officer or such other officer as may be so 
                directed by the Board or his representative on behalf of the worker; 

          (c)  the failure to give notice or to make an application within the 
                 period specified in this section shall not be a bar to the maintenance 
                 of such proceedings if it is proved- 

                 (i) that the failure was occasioned by mistake or other reasonable 
                     cause, including the error or mistake of any person advising or 
                     assisting the worker under this Act; or 
                (ii) that the employer has failed to comply with section 24 (1). 

to report  
24. (1)  Every injury arising out of and in the course of employment which 
             results in- 

             (a) the death of a worker or which may result in death to a worker; 

             (b) or is likely to result in some degree of permanent incapacity to a 
                   worker; or 

              (c) incapacitating a worker from following his normal employment 
                   for more than fourteen days, and every injury or death of a 
                   worker from any cause whatsoever shall, within twenty-one 
                   days of the date when the injury occurred or the death occurs, 
                   be reported by the employer in the prescribed form to the Board. 

         (2) Any employer who without reasonable cause, fails to comply with 
              the requirements of subsection (1) shall be guilty of an offence and 
              liable to a fine of K20,000. 

         (3) Failure by an employer to comply with the requirements of 
              subsection (1) shall not be a bar to the institution or maintenance 
              of proceedings by the worker concerned for compensation under 
              this Act. 

and treatment
 25.  (1) Where a worker has given notice of an injury he shall, if the 
              employer, before the expiry of seven days from the time at 
              which notice has been given, offer to have him examined free of 
              charge by a medical practitioner named by the employer, submit 
               himself for such examination. 

         (2) For the purpose of subsection (1), the worker shall, when required, 
              attend upon the medical practitioner named by his employer at the 
              time and place notified to the worker by the employer or by the 
              medical practitioner, provided such time and place are reasonable. 

        (3) In the event of the worker being, in the opinion of any  medical 
             practitioner unable or not in a fit state to attend on the medical 
             practitioner named by the employer, that fact shall be notified 
             to the employer, and the employer shall arrange with the medical 
             practitioner so named to fix a reasonable time and place for a 
             personal examination of the worker and the employer shall notify the 
             worker accordingly. 

       (4) If the worker fails to submit himself for such examination, his right to 
             compensation shall be suspended until such examination has taken 
             place and if such failure extend for a period of  fifteen days from the 
             date when the worker was required to submit himself for examination 
             no compensation shall be payable unless the Board is satisfied on 
             consideration of all the circumstances that compensation or such 
             part of it shall be payable. 

       (5) The worker shall be entitled at his own expense to have his own 
             medical practitioner present at any medical examination under 
             this section. 

       (6) Where the worker is not attended by a medical practitioner he 
             shall, if so required by the employer, submit himself for treatment 
             by a medical practitioner at the expense of the employer. 

       (7) If the worker fails to submit himself for treatment by a medical 
            practitioner when so required under subsection (6), or, having 
            submitted himself for such treatment, has disregarded the instructions 
            of such medical practitioner, then if it is proved that such failure or 
            disregard was unreasonable in the circumstances of the case and that 
            the injury has been aggravated thereby, the injury and resulting 
            incapacity shall be deemed to be of the same nature and duration as 
            they might reasonably have been expected to be if the worker had 
            submitted hin1self for treatment by, and duly carried out the 
            instructions of, such medical practitioner, and compensation, if 
            any, shall be payable accordingly: 
            Provided that where aggravation of the injury has resulted in death, 
            the amount of compensation shall be the amount payable under this 
            subsection or the amount payable under section 7,  which ever is less. 

      (8) Where under this section a fight to compensation is sispended, no 
            compensation shall be payable in respect of the period of suspension. 

Dependants of  

Cap. 10:02 

 26. Where in any proceedings on a claim for compensation in respect of the 
        death of a worker, the Board is satisfied that other or sufficient evidence 
         as to the dependency on the'deceased worker of a person claiming to 
         be a dependent, or as to the degree of depedency, cannot be procured, 
         or cannot be procured without undue hardship to the claimant or other 
         party to the proceedings, the Board shall make reference to the rules of 
         succession as provided for in the Wills and Inheritance Act.