CHAPTER 263
WORKERS' COMPENSATION ACT

 

[PRINCIPAL LEGISLATION]

 

ARRANGEMENT OF SECTIONS

 

   Section

 

Title

 

PART I
PRELIMINARY PROVISIONS

 

   1.   Short title and application.

 

   2.   Meaning of "worker".

 

   3.   Interpretation.

 

   4.   Application to workers employed under the Government.

 

 

 

PART II
COMPENSATION FOR INJURY

 

   5.   Employer's liability for compensation for death or incapacity resulting from accident.

 

   6.   Compensation in fatal cases.

 

   7.   Compensation in the case of permanent total incapacity.

 

   8.   Compensation in the case of permanent partial incapacity.

 

   9.   Compensation in the case of temporary incapacity.

 

   10.   Method of calculating earnings.

 

   11.   Persons entitled to compensation.

 

   12.   Distribution of compensation.

 

   13.   Requirements as to notice of accident and claim for compensation.

 

   14.   Medical examination and treatment.

 

   15.   Agreement as to compensation.

 

   16.   Determination of claims.

 

   17.   Review of periodical payments.

 

   18.   Limitation of power of employer to end or decrease periodical payments.

 

   19.   Jurisdiction of the court.

 

   20.   Power of the court to submit questions of law.

 

   21.   Appeals.

 

   22.   Liability in case of workers employed by contractors.

 

   23.   Remedies against both employer and stranger.

 

   24.   Proceedings independently of this Act.

 

   25.   Employer to insure against liability under the Act.

 

   26.   Certificate of insurance.

 

   27.   Certain conditions in policies to be of no effect.

 

   28.   Duty to surrender certificate of insurance on cancellation of policy.

 

   29.   Duty of insurers to satisfy judgment against employers.

 

   30.   Penalty for false statements and wilful avoidance of policy.

 

   31.   Employers against whom claims are made to give information as to insurance.

 

   32.   Provision as to cases of bankruptcy of employer.

 

   33.   Application to persons employed on ships.

 

   34.   Procedure where worker's earnings do not exceed a prescribed amount per month.

 

   35.   Contracting out.

 

   36.   Compensation not to be assigned, charged or attached.

 

 

 

PART III
MEDICAL AID

 

   37.   Medical expenses.

 

   38.   Decisions of court in regard to treatment and medical reports.

 

   39.   Fees for medical aid to be prescribed.

 

 

 

PART IV
OCCUPATIONAL DISEASES

 

   40.   Compensation in respect of scheduled diseases.

 

   41.   Liability to pay compensation.

 

   42.   Fixing a date from which time is to run, indicating requirements as to the giving of notice and defining earnings.

 

   43.   Presumption as to cause of disease.

 

   44.   Saving right of a worker to proceed against previous employer.

 

   45.   Compensation to include medical aid.

 

   46.   Power of Minister to add to or delete from Third Schedule.

 

 

 

PART V
MISCELLANEOUS PROVISIONS

 

   47.   Regulations.

 

   48.   Offences.

 

   49.   Failure to comply with a compensation order is an offence.

 

   50.   Offences by companies.

 

   51.   Rules of Court.

 

   52.   Payments to worker or beneficiaries abroad subject to Foreign Exchange Act.

 

 

 

SCHEDULES

CHAPTER 263
THE WORKERS' COMPENSATION ACT

An Act to provide for compensation to workers for injuries suffered in the course of their employment.

[1st July, 1949]

Ords Nos.
43 of 1948
41 of 1949
25 of 1953
28 of 1954
Acts Nos.
60 of 1966
43 of 1967
41 of 1969
5 of 1971
17 of 1983
13 of 1991

PART I
PRELIMINARY PROVISIONS (ss 1-4)

 

1.   Short title and application

   This Act may be cited as the Workers' Compensation Act and, subject to the proviso to subsection (1) of section 2, shall apply to any employment, or to any employment in any specified area of Tanzania as the Minister may by notice published in the Gazette direct.

 

2.   Meaning of "worker"

   (1) In this Act, unless the context otherwise requires, the expression "worker", subject to section 4 and the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, or otherwise, whether the contract is express or implied, is oral or in writing, whether the remuneration is calculated by time or by work done, and whether by the day, week, month or for any longer period:

   Provided that the following persons are excepted from the definition of "worker"–

 

   (a)   any person who is covered by any other compensation arrangement by virtue of this employment:

 

         Provided that such person or his beneficiary may opt either for compensation arrangements under this Act or for that other arrangement, but not both;

 

   (b)   a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; or

 

   (c)   an outworker; or

 

   (d)   a tributer; or

 

   (e)   a member of the employer's family dwelling in the employer's house or the curtilage thereof; or

 

   (f)   any class of person who the Minister may by order declare not to be a worker for the purposes of this Act.

   (2) If in any proceeding for the recovery of compensation under this Act it appears to the Court that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship.

   (3) Any reference to a worker who has been injured shall, unless the context otherwise requires, where the worker is dead, include a reference to his legal personal representative, or to his dependants or any of them or to the Attorney-General or such other officer as the Minister may appoint to act on behalf of the dependants of the worker.

 

3.   Interpretation

   (1) In this Act, unless the context otherwise requires–

   "compensation" means compensation as provided for by this Act;

   "Court" means a court of the Resident Magistrate:

   Provided that the Minister may by order declare that in any area of Tanzania or for any case or class of cases proceedings under this Act may be brought in any other court;

   "dependants" means those members of the family of a worker who were wholly or in part dependent upon his earnings at the time of his death, or would but for the incapacity due to the accident have been so dependent, and, where the worker, being the parent or grandparent of an illegitimate child, leaves such child so dependent upon his earnings, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child or parent or grandparent respectively:

   Provided that a person shall not be deemed to be a partial dependant of another person unless he was dependent partially on contributions from that other person for the provisions of the ordinary necessaries of life suitable for person in his class and position;

   "earnings" include wages and any allowance in respect of increased cost of living paid to the worker by the employer and the value of any food, fuel or quarters supplied to the worker by the employer; and any overtime payments or other special remuneration for work done, whether by way of bonus or otherwise, if of constant character or for work habitually performed; but shall not include remuneration for intermittent overtime, or causal payments of a non-recurrent nature, or any ex gratia payment whether given by the employer or other person, or the value of a travelling allowance, or the value of any travelling concession or a contribution paid by the employer of a worker towards any pension or provident fund, or a sum paid to a worker to cover any special expenses entailed on him by the nature of his employment;

   "East African Countries" means Kenya, Tanzania and Uganda;

   "employer" includes the Government and any body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of a worker are temporarily lent or let on hire to another person by the person with whom the worker 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 worker whilst he is working for that other person; and in relation to a person employed for the purposes of any game or recreation and engaged or paid through a club, the manager, or members of the managing committee of the club shall, for the purposes of this Act, be deemed to be the employer;

   "insurer" includes any insurance society, association, company or underwriter;

   "local or other public authority" means any local or public authority declared by order of the President to be a local or public authority for the purposes of this Act;

   "medical aid" means medical, surgical and hospital treatment, skilled nursing services, and the supply of medicines within Tanzania or, with the approval of the Director of Medical Services, outside Tanzania, and the supply, maintenance, repair and renewal of any artificial appliances or apparatus;

   "medical practitioner" in this Act other than in Part IV means a medical practitioner registered or licensed under the provisions of the Medical Practitioners and Dentists Act *, and in Part IV thereof, means a medical practitioner registered under the said Act;

   "member of the family" means the wife or where the marriage was a polygamous marriage each of the wives, husband, father, mother, grandfather, grandmother, step father, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, halfbrother, halfsister and includes an infant child whom the worker has accepted as a member of his family and every other person who would on the death of the worker be entitled to succeed to his (otherwise than under a will) in accordance with the law of succession to the estate of the worker; and a person is deemed to be the father or mother or son or daughter of the worker notwithstanding that he or she is or was related to him illegitimately or in consequence of adoption according to the law;

   "Minister" means the Minister responsible for labour matters;

   "outworker" means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented a finished or repaired, or adapted for sale in his own home or on other premises not under the control or management of the person who gave out the materials or articles;

   "partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a worker in any employment in which he was engaged at the time of the accident resulting in the incapacity, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was capable of undertaking at that time:

   Provided that every injury specified in the Second Schedule to this Act, except such injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to one hundred per centum or more shall be deemed to result in permanent partial incapacity;

   "policy of insurance" includes a cover note;

   "scheduled disease" means any disease specified in the Third Schedule to this Act;

   "total incapacity" means such incapacity, whether of a temporary or permanent nature, as incapacitates a worker for any employment which he was capable of undertaking at the time of the accident resulting in such incapacity:

   Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the Second Schedule to this Act where the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries, amounts to one hundred per centum or more;

   "tributer" means a person who is granted permission to win minerals, receiving a proportion of the minerals won by him or the value thereof.

   (2) The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this Act, be deemed to be the trade or business of such local or other public authority.

 

4.   Application to workers employed under the Government

   This Act shall subject to the provisions of section 25, apply to workers employed by or under the Government in the same way and to the same extent as if the employer were a private person, except in the case of–

 

   (a)   members of the Defence Forces in their employment as such; and

 

   (b)   persons in civil employment other than in the Government of Tanzania or who have been engaged in a place outside the Country:

   Provided that this Act shall not apply in the case of a worker in, or selected for appointment to, the Service of the Government of Tanzania before the date upon which this Act comes into operation where, in consequence of injury received by any such worker in the discharge of his duties, a pension or gratuity which would not be payable if such injury were received otherwise, is paid to him or, in the case of his death, to any of his dependants as defined in the Act, under any Act or regulation providing for the grant of such pension or gratuity.

PART II
COMPENSATION FOR INJURY (ss 5-36)

 

5.   Employer's liability for compensation for death or incapacity resulting from accident

   (1) If in any employment personal injury by accident arising out of and in the course of the employment is caused to a worker, his employer shall be liable to pay compensation in accordance with the provisions of this Act:

   Provided that–

 

   (a)   the employer shall not be liable under this Act in respect of any injury, other than an injury resulting in permanent partial incapacity, which does not incapacitate the worker for a period of at least three consecutive days from earning full wages at the work at which he was employed; and

 

   (b)   if it is proved that the injury to a worker is attributable to the serious and wilful misconduct of that worker, any compensation claimed in respect of that injury shall be disallowed:

   Provided that where the injury results in death or serious and permanent incapacity, the Court on a consideration of all the circumstances may award the compensation provided for by this Act or such part thereof as it shall think fit.

   (2) For the purposes of this Act an accident shall be deemed to arise out of and in the course of a worker employment–

 

   (a)   where death or serious and permanent incapacity of the worker results from such accident, notwithstanding that the worker was, at the time when the accident happened, acting in contravention of any statutory or other regulation applicable to his employment or of any orders given by or on behalf of his employer, or that he was acting without instruction from his employer, if such act was done by the worker for the purposes of and in connection with his employer's trade or business; or

 

   (b)   where the accident happened in or about any premises at which the worker was for the time being employed for the purposes of his employer's trade or business, if it happened while the worker was taking steps, in an actual or supposed emergency in or about those premises, to rescue, succour or protect persons who were, or were thought to be or likely to be, injured or imperilled, or to avert or minimise damage to any property owned by the employer or for which the employer was answerable to the owner.

   (3) No compensation shall be payable under this Act in respect of any incapacity or death resulting from a deliberate self-injury.

   (4) No compensation shall be payable under this Act in respect of any incapacity or death resulting from personal injury, 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 injury, knowing that the representation was false.

 

6.   Compensation in fatal cases

   Where death results from the injury–

 

   (a)   if the worker leaves any dependants wholly dependent on his earnings, the amount of compensation shall be a sum equal to forty-one months' earnings or eighty-three thousand shillings, whichever is less; but where in respect of the same accident compensation has been paid under the provisions of section 7 or 8 there shall be deducted from the sum payable under this paragraph any sums so paid as compensation;

 

   (b)   if the worker does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent the amount of compensation shall be such sum, not exceeding in any case the amount payable under paragraph (a) of this section, as may be determined by the Court to be reasonable and proportionate to the injury to such dependants;

 

   (c)   if the worker leaves no dependants, the reasonable expenses of the burial of the deceased worker, not exceeding the sum of five hundred shillings, shall be paid by the employer.

 

7.   Compensation in the case of permanent total incapacity

   (1) Where permanent total incapacity results from the injury, the amount of compensation shall be a sum equal to fifty-four months' earnings:

   Provided that in no case shall the amount of compensation in respect of permanent total incapacity be greater than one hundred and eight thousand shillings but not less than two thousand shillings.

   (2) Notwithstanding the provisions of subsection (1) of this section, where any injury results in permanent total incapacity of such a nature that the injured worker must have the constant help of another person, additional compensation shall be paid amounting to one half of the amount which is otherwise payable under this section.

 

8.   Compensation in the case of permanent partial incapacity

   (1) Where permanent partial incapacity results from the injury, the amount of compensation shall be–

 

   (a)   in the case of an injury specified in the Second Schedule to this Act, such percentage of fifty-four months' earnings as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and

 

   (b)   in the case of an injury not specified in the Second Schedule to this Act, such percentage of forty-eight months' earnings as is proportionate to the loss of earning capacity permanently caused by the injury:

   Provided that in no case shall the amount of compensation in respect of permanent partial incapacity be greater than one hundred and eight thousand shillings but not less than such percentage of two thousand shillings as represents the loss of earning capacity arrived at in accordance with paragraph (a) or paragraph (b) of this subsection.

   (2) Where more injuries than one are caused by the same accident, the amount of compensation payable under the provisions of this section shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries.

 

9.   Compensation in the case of temporary incapacity

   (1) Where temporary incapacity, whether total or partial, results from the injury, the compensation shall be the periodical payments hereinafter mentioned payable at such intervals as may be agreed upon or as the court may order, or a lump sum calculated accordingly having regard to the probable duration, and probable changes in the degree, of the incapacity and such periodical payments shall be a monthly payment of half the difference between the monthly earnings which the worker was earning at the time of the accident and the monthly earnings which he is earning or is capable of earning in some suitable employment or business after the accident:

   Provided that–

 

   (a)   [Repealed by Ord. No. 60 of 1966 s. 9.]

 

   (b)   neither the aggregate of the periodical payments nor the lump sum payable under the provisions of this subsection shall exceed the lump sum which would be payable in respect of the same degree of incapacity under the provision of subsection (1) of section 7 or section 8, as the case may be, if the incapacity were permanent;

 

   (c)   the period covered by hospitalisation or absence from duty certified necessary by a medical practitioner shall be regarded as a period of temporary total incapacity irrespective of the outcome of the injury and any period subsequent thereto but preceding final assessment of disability shall be regarded as a period of temporary partial incapacity, both periods being continuous with each other, variations in payments notwithstanding, and the maximum duration of periodical payments under this section shall not exceed ninety-six months;

 

   (d)   in the event of death or permanent incapacity following after temporary incapacity, no deduction shall be made from the lump sum payable under section 6, 7 or 8 by reason of periodical payments or a lump sum payment having been made under this section.

   (2) In fixing the lump sum or periodical payments payable under subsection (1) of this section the court may deduct the value of any payment, allowance or benefit including the value of any food, fuel or quarters, which the worker may receive from the employer during the period of incapacity:

   Provided that the amount payable after such deduction shall not, if a periodical payment, be less than a monthly payment of half the difference between the basic wage which the worker was earning at the time of the accident and the basic wage he is earning or is capable of earning in some suitable employment or business after the accident, or shall not, if a lump sum, be less than a sum calculated accordingly having regard to the probable duration and probable changes in the degree of the incapacity.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.