Method of
calculating
earnings |
11. (1) For the purposes of this Act the monthly
earnings of a worker shall
be computed in such manner as is best calculated to give the rate per
month at which the worker was being remunerated during the
previous twelve months if he has been employed by the same
employer, but if not, then for any less period during which he has
been in the employment of the same employer:
Provided that where by reason of the shortness of the time during
which the worker has been in the employment of his employer or
the casual nature of the employment or by reason of the terms of
the employment, it is impracticable at the date of the injury to
compute the rate of remuneration, regard may be had to the average
monthly amount which, during the twelve months previous to the
injury, was being earned by a person of similar earning capacity in the
same grade employed at the same work by the same employer,
or if there is no person so employed by a person of similar earning
capacity in the same grade employed in the same class of employment
and in the same District or locality.
(2) For the purposes of subsection
(1), employment by the same
employer shall be taken to mean employment by the same employer
in the grade in which the worker was employed at the time of the
injury uninterrupted by absence from work due to illness or any
other unavoidable cause.
(3) Upon request by the worker
or by the Commissioner or any duly
authorized person acting on behalf of the worker under this Act to
the employer who is liable to pay compensation, that employer shall
furnish in writing a list of the earnings which have been earned by that
worker upon which the amount of the monthly earnings may be
calculated for the purposes of this section.
(4) Any employer who, without reasonable
cause, fails to furnish a list
upon request made under subsection (3) or who furnishes or causes
to be furnished any such list which he knows or has reason to believe
is false in any material particular shall be guilty of an offence and liable
to a fine of K20,000.
|
Persons
entitled to
compensation |
12. (1) The compensation under this Act shall be payable to or
for the benefit
of the worker or, where death results from the injury, to or for the
benefit of his dependents.
(2) Where there are both total and partial dependents,
nothing in this Act
shall be construed
as presenting the compensation being allotted partly
to the partial
dependents.
(3) Where a dependent dies before a claim in respect
of death is made
under this Act
or, if a claim has been made, before an order for the
payment of compensation
has been made, the personal representative
of the dependent
shall not be entitled to payment of compensation, and
the claim for
compensation shall be dealt with as if that dependent had
died before
the worker.
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Distribution
of
compensation |
13. (1) Compensation payable where the death of a worker has resulted
from
an injury shall be paid by the Board out of the Fund on behalf of the
employer.
(2) Compensation payable under sections
7, 8 or 9 shall be paid by the
Board of the Fund and any sum so paid shall be paid to any person
entitled thereto or be invested, applied or otherwise dealt with in such
a manner as the Board thinks shall be beneficial to that person.
(3) The receipt issued by the Board shall be
a sufficient discharge in
respect of any
amount paid by an employer to the Board under this Act.
(4) Any order or direction of the Board under
this section shall be final. |