Workmens Compensation Law Ghana

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WORKMEN'S COMPENSATION ACT
1987 (PNDCL 187)

Section 1-Application to employees employed by the Republic
This Act applies to employees employed by the Republic as well as private persons, except in the case of persons in the Armed Forces.

Section 2-Employer's liability for compensation
(1) Where an employee sustains personal injury by accident arising out of, and in the course of employment, the employer is liable, subject to this Act, to pay compensation in accordance with this Act.

(2) An injured employee shall not suffer a diminution in earnings while the employee undergoes treatment for injuries sustained through an accident arising out of, and in the course employment.
(3) Where an attending medical officer assesses an incapacity in respect of an injured employee, the employer shall pay the injured employee compensation commensurate with the incapacity so assessed.

(4) Subject to sections 3 and 4, where the injury results in death or serious and permanent incapacity, the Court on consideration of the circumstances, may award the appropriate compensation under this Act.

(5) The employer is not liable to pay compensation in respect of an injury to an employee resulting from an accident which is attributable to the employee ha ving been under the influence of drink or drugs at the time of the accident

(6) For the purposes of this Act, an accident resulting in the death or serious and permanent incapacity of an employee arises out of and in the course of employment, (a) although the employee was at the time when the accident happened acting in contravention of a statutory or any other regulation applicable to the employment, or was acting without instructions from the employer;

(b) if the act was done by the employee for the purposes of and in connection with the employer's trade or business.
(7) Compensation is not payable under this Act in respect of incapacity or a death resulting from a deliberate self-injury.

(8) Compensation is not payable under this Act in respect of an inc apacity or a death resulting from personal injury, if the employee has at any time represented to the employer that the employee was not suffering or had not previously suffered from that or similar injury, knowing that the representation was false.

Section 3-Compensation in fatal cases
(1) Where death results from the injury,
(a) if the employee leaves dependants, the amount of compensation shall be a sum of money equal to sixty month's earnings: but where in respect of the same accident compensation has been paid under section 5, 6 or 7, there shall be deducted from the sum payable under this paragraph the sums so paid as compensation; (b) whether the employee had dependants or not, the employer shall pay the medical expenses;

(c) if the employee did not leave dependants, the employer shall bear the expenses of the burial as required by custom;
(d) if the employee left dependants, the employer shall bear the expenses of the burial to the sum of five million cedis or as stipulated in the relevant Collect ive Agreement, whichever is the higher.

(2) Where an employee survives an injury, whether the employee has dependants or not, the employer shall pay the medical expenses in respect of the injury.

Section 4-Employer to pay medical expenses
In an injury under this Act, the employer shall pay the medical expenses in respect of the injury.

Section 5-Compensation for permanent total incapacity
Where permanent total incapacity results from the injury the amount of compensation shall be a sum of money equal to ninety-six months' earnings.

Section 6-Compensation for 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 Third Schedule, a percentage of the compensation which would have been payable in the case of permanent total incapacity specified in the Third Schedule as being the percentage of...
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