4. Compensation for occupational diseases
Feedback & supportLast amended by an amending law of 2008.
If —
an employee who is employed in any occupation specified in the second column of the Second Schedule contracts an occupational disease specified in the first column of that Schedule opposite that occupation; or
an employee who has been employed in that occupation contracts that disease within the period specified in the third column of that Schedule opposite that occupation after ceasing to be so employed,and the incapacity or death of the employee results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to this section.
When an employee enters into a contract of service or apprenticeship with any employer to work in any occupation specified in the Second Schedule or is, with his consent, transferred by his employer to such an occupation, the employee shall, if requested to do so by the employer, submit himself for examination by a medical practitioner, the fee for which shall be paid by the employer; but he shall not be required to submit himself for such examination otherwise than in accordance with regulations made under this Act.
employee
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
No compensation shall be payable by an employer under this section in respect of the incapacity or death of an employee resulting from the employee contracting an occupational disease if the employee’s incapacity commences or his death happens more than the period specified in the third column of the Second Schedule opposite the disease after the employee ceases to be in his employment.
employer
“employer” includes —(a)the Government;(b)any statutory body or authority;(c)the legal personal representative of a deceased employer; and(d)in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club,and where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the employee whilst he is working for that other person;
Subsection (3) shall not apply to the death of an employee where his death has been preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under this section.
For the purposes of calculating the monthly earnings of the employee in a claim for compensation under this section, the date of commencement of the incapacity of the employee or the date of his death, if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed by the employer from whom compensation is claimed in any employment to the nature of which the occupational disease is due, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.
earnings
“earnings” means any wages paid to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —(a)a travelling allowance;(b)the value of any travelling concession;(c)a contribution paid by the employer towards any pension or provident fund;(d)a sum paid to the employee to cover any special expenses incurred by him by reason of the nature of his employment;
For all other purposes of this Act, in a claim for compensation under this section, the date of commencement of the incapacity of the employee, or the date on which a medical practitioner certifies that in his opinion the employee is suffering from such occupational disease, whichever date is the earlier, or the date of his death if there has been no previous period of incapacity shall be deemed to be the date of the happening of the accident.
medical practitioner
“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act;
If the occupational disease has been contracted by a gradual process, so that 2 or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been payable if those employers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the Commissioner thinks just.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act;
The Minister may appoint such medical practitioners to be medical referees for the purpose of determining whether the disease in respect of which compensation is claimed is in fact an occupational disease specified in the Second Schedule and any other matter which is material for the determination of any claim for compensation under this Act.
The report of a medical referee appointed under subsection (7) may be acted upon by the Commissioner as if it were conclusive evidence of the facts certified in such report.