Requirements
as to notice of
injury and
application
for compensa-
tion |
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
death:
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).
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Employers
to report
injuries |
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.
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Medical
examination
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.
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Dependants of
deceased
worker
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. |