1. OCCUPATIONAL HEALTH AND SAFETY LEGAL FRAMEWORK FACILITATOR PETER AGBO-GANDEE (SHEQ Mgr.)

2. TOPIC WORKMEN’S COMPENSATION LAW 1987 (PNDCL 187)

3. WORKMEN’S COMPENSATION LAW 1987 (PNDCL 187)
The Workmen’s Compensation Law 1987 (PNDCL 187) was enacted on 12th August 1987 to replace the old Workmen’s Compensation Act 1963 (Act 174).

4. PURPOSE OF THE LAW
The law provides that a worker irrespective of his status who sustains injury out of and in the course of his employment must be paid cash compensation by his employer.
The Armed Forces are not covered by this law.

5. PROCEDURES FOR THE PROCESSING AND PAYMENT OF COMPENSATION
If an accident occurs during and in the course of one’s employment, the injured person should report to the immediate supervisor of the company to witness the injury (if any).
The Supervisor shall submit the injured worker to the nearest clinic/hospital for treatment.

6. PROCEDURE Contd.
The Supervisor shall inform the Human Resource Department /Personnel Department of the injury.
The Human Resource Department/Personnel Department shall report to the nearest labour Officer in accordance with the Labour Act 2003 Act (651)(section 120)

7. PROCEDURES Contd.
The Labour Officer shall provide the Human Resource Department/Personnel Department with Workmen’s Compensation Forms for completion stating the cause and circumstances of the injury
The attending Medical Officer shall determine the extent of incapacitation.
An injured worker shall not suffer any diminution in his earnings while he undergoes treatment for injuries he has sustained through an accident arising out of, and in the course of his employment.

8. PROCEDURES Contd.
Where the attending Medical Officer assesses any incapacity in respect of an injured worker, compensation commensurate with the incapacity sustained shall be paid to the worker by the employer.
Compensation to be paid shall be computed by the Labour Officer after he has received the final medical report from the Medical Officer through the employer.

9. PROCEDURES Contd.
For the purposes of the Workmen’s Compensation Law, an accident resulting in the death or serious permanent incapacity of a worker shall be deemed to arise out of and in the course of his employment, notwithstanding that the worker was at the time when the accident happened, acting contravention of any statutory or other regulation applicable to his employment, if such an act was done by the worker for the purposes of and in connection with his employer’s trade or business.

10. PROCEDURES Contd.
All compensation claims shall be paid before a Labour Officer.
However, in the case of death, it shall be paid at the Court.

11. PAYMENT OF COMPESATION
No compensation shall be paid in respect of any injury to a worker resulting from an accident, which is attributable to the worker having been at the time thereof under the influence of drink or drugs.
No compensation shall be payable in respect of any incapacity or death resulting from deliberate self-injury.
where the employee was not on the job at the time of the injury

12. CALCULATION OF COMPENSATION
Formula for calculating compensation C for injury:
S = Salary of injured worker
P = Percentage of deformity recommended by the attending Medical Officer.

13. Where death results from the accident, compensation paid to the dependent of the deceased worker is calculated as follows:
S x 60/12 x 1
S = Salary of the deceased.

14. Employer to pay medical expenses
the employer shall pay the medical expenses in respect of the injury.
if the employee is deceased , the employer shall bear the expenses of the burial to the sum of five million cedis (now GHC ) or as stipulated in the relevant Collective Agreement, whichever is the higher.

15. Goals of worker compensation:
1. Workers’ compensation laws protect and support people who are injured on the job
2.Provide income and medical benefits to work-accident victims
3. Provide income benefits to dependents of those workers who are killed because of work-related accidents or illnesses
4.Provide a single remedy to reduce court delays, costs, and workloads arising out of perennial-injury litigation
5. Eliminate payment of fees to lawyers and witnesses as well as time-consuming trials and appeals
With worker’s comp, worker can not sue employer for negligence, but can sue 3rd party such as manufacturer of equipment used in accident.
Strict Liability – manufacturer is liable for injuries due to defects without the injured worker having to prove negligence or fault

16. Goals of worker compensation:
6.Encourages employers to put in place sound safety measures and rehabilitation
7.Promote the study of causes of accidents
8.It provide opportunity for training or retraining of workers
9.Sometimes can protect employer by limiting the amount an injured employee can recover from an employer through law suit.

17. THANK YOU