Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631219269.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Workmen's Compensation (CAP.

475 1 CHAPTER 475 THE WORKMEN'S COMPENSATION ACT Arrangement of Sections Section 1.

Short title.

2.

Interpretation.

Employers' liabilities for compensation.

Accidents happening while meeting emergency.

Employers not liable in certain cases.

Liability of employer for expenses of conveyance to place of treatment and for other expenses of treatment.

To whom compensation payable.

Amount of compensation.


Additional compensation to injured workman to defray cost of assistance during temporary incapacity.

Artificial limbs and apparatus.

Method of calculating wages.

Review of payments.

Cases in which employer may alter weekly or half- monthly payment.

Distribution of compensatio~l on death.

Compensation not to be assigned, attached or charged.

16.

Requirements as to notice of accident and claim for compensation.

17.
17.

Payments to cease on workman ceasing to reside in Antigua and Barbuda.

18.

Medical examination after notice of accident.

19.

Medical examination of workman receiving payments.

20.

No compensation payable for period of suspension of right.

2 CAP.

475) Workmen's Compensation LAWS OF ANTIGUA AND BARBUDA 21.

Agreements for payment of compensation.

22.

Sub-contracting.

23.

Compensation for occupatiorlal diseases.

24.

Compulsory insurance against workmen's compensa- tion claims.

25.
25.

Conditions under which liability for payment by insurer arises.

26.

Registration of employers.

27.

Alternative remedies.

28.

Remedies against employer and stranger.

29.

Proyisions as to cases of insolvency o r bankruptcy of employer.

30.

Employer liable for compensation to disclose insurer.

31.

Applicatioil to workmen in the employment of the Crown.

32.

Applicatioli to workmen in the employment of a local authority.

33.

Applicatiori to persons employed on ships.

34.


Detention of ships.

35.

Workman's right to apply for compensatioll if no amount agreed in four weeks.

36.

All claims to be determined by magistrate.

37.

Application for compensation to be lodged with clerk of court accompailied by particulars.

38.

Copy of application and particulars to be served on respondent.

39.

Magistrate to have power and jurisdiction of magis- trate's court.

40.
40.

Magistrate may adjourn hearing for twelve months where there is doubt as to degree of incapacity.

41.

Power of magistrate to submit questions of law.

LAWS OF ANTIGUA AND BARBUDA Workmen 's Compensation (CAP.

475 3 42.

Appeals to Court of Appeal.

43.

Provisions of Magistrate's Code of Procedure Act to " apply to special cases and appeals.

44.

Decisions of Court of Appeal in special cases and - .

appeals to be final.

45.

No right to contract out o f a c t .

46.


Appointment and remuneration of medical referee.

47.

Application for reference to medical referee.

48.

Employers to make returns of injuries.

49.

Display of notice.

50.

Regulations.

51.

Enforcement.

SCHEDULE.

WORKMEN'S COMPENSATION 26/1986.

36/1986.

18/1989.

S.I.

39/1989.

1.

This Act may be cited as the Workmen's Shorttitle.

Compe~lsation Act.

2.

(1) In this Act- "adult" and "minor" mean respectively a person who is Interpretation.
not and a person who is under the age of seven- teen years; "court" means the appropriate magistrate's court determined in accordance with the provisions of section 36; "dependants" means such of a workman's family as were wholly or mairlly dependent upon the wages of the workman at the time of his death, o r would 4 CAP.
475) LVorkrnun :\ C,'omf)unst~lion LAWS OF ANTIGUA AND BAR&UDA but for the incapacity due to the accident have been so dependent; but a person is not deemed to be mainly dependent on the wages of another per- son unless he was dependent mainly o n contribu- tions from that other person for provisions of the ordinary necessaries of lift suitable fi)r persons in his class and positio~i; ' ' employer" includes Her Majesty in Her Government of Antigua and Barbuda and any person or body of persons corporate or unincorporate and the legal personal representative of a deceased employer, and, where the services of a workman are tem- porarily lent o r let o n hire to another person by the persol1 with whom the workman has entered illto a contracr of' service o r apprenticeship, the latter shall filr the purposes of this Act, save as is provided in s~tbsectio~l ( I ) of section 22, be deemed to continue to be the employer of the workman whilst he is working for that other person.
In relation to a persol1 engaged in plying for hire with any vehicle o r vessel, the use of which is obtained by that person ~ u l d e r a contract of bail- merit (other than a hire purchase agreement) the person from whom the use of the vehicle o r vessel is so obtained shall be deemed to be the employer.
In (elation to a person, employed for the pur- poses of any game or recreation and engaged or paid by a clitb, the manager o r members of' the m a n a g i ~ ~ g committee of the club shall, for the pur- poses of this Act, be deemed to be the employer; "manager" in relation to a ship means the ship's hus- band o r other person to whom the management of the ship is entrusted by or on behalf of the owner; Cap.

269.
269.

"medical practitioner" means a person registered to prac- tise medicine and surgery under the Medical Act; "medical referee" means a medical practitioner appointed under section 46 as a medical referee for the purposes of this Act; LAWS OF ANTIGUA AND BARBUDA Workmen's Compensatzon (CAP.
475 5 "member of the family" means wife or husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, grand- daughter, stepson, stepdaughter, brother, sister, half-brother, half-sister and shall include any child o r children, not specifically mentioned, living with the deceased at the time of his death and wholly or mainly dependent on his earnings; and such other person as was at the time of the injury living in the household of the worker and was wholly or mainly dependent on his earnings; "partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employ- ment in which he was engaged at the time of the accident restilting in the incapacity, and, where the incapacity is of a permanent nature, such incapac- ity as reduces his earning capacity in every employment which he was capable of undertaking at that time: Provided that every injury specified in the Schedule shall be deemed to result in permanent Schedule.
partial incapacity; "ship", "vessel" and "seaman" shall have the same meaning as in the Antigua and Barbuda Merchant Shipping Act; "total incapacity" means such incapacity whether of a temporary or permanent nature, as irlcapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such incapacity: Provided that permanent total incapacity shall be deemed to result from the permanent total loss of the sight of both eyes or from any com- birlation of injuries specified in the Schedule where the aggregate percentage of the loss of earning capacity, as specified in the Schedule Schedule.
against these injuries, amounts to one hundred per cen tum; 6 CAP.
475) Workmen :r. C,bmpen.r.nsntion LAWS OF ANTIGUA AND BARBUDA "wages" includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance o r the value of any travelling concessio~l or a contribution paid by the employer of a workman towards any p e ~ ~ s i o n o r provident fund o r a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment, o r remuneration for overtime not habitually per- formed o r remurierated at a special rate; "workman", subject to the exceptiorls hereinafter mentioned, means ally person who has entered into o r works under a contract of service o r apprenticeship with ari employer, whether by way o l manual labour, clerical work o r otherwise, and whether [he contract is expressed o r implied, is oral o r in wriling and whether the remu~leration is calculated by time o r by work done: Provided that the following persons shall be excepted from the definition of workman, that is to say- ( a ) any person employed otherwise than by way of manual labour whose earnings exceed twenty-five thousand dollars a year o r such sum as may from time to time by order be fixed by the Cabinet: (11) a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or busi~iess, not being a person employed for the purposes of any game o r recreation and engaged o r paid through a club; ((.)
an outworker, that is to say, a person to whom articles o r materials are given o u t to be made up, cleaned, washed, altered, ornamented, finished o r repaired o r adapted for sale in his own home o r or1 other premises 11ot under the control o r management of the person who gave out the articles o r materials; ( d ) a member of the employer's Family dwelling in his house; LAWS OF ANTIGUA AND BARBUDA Workmen's (:ornp~nsation (CAP.
475 7 ( e ) members of the Police Force, includ- ing special and additional constables; (/) a person i l l the civil employment of Her Mqjesty otherwise in Her Government of Antigua and Rarbuda, who has been engaged in a place out5ide Arltiglia and Barbuda; than ( g ) a person in the naval, military o r air service of the Crown.
(2) Any reference to a workman who has been iujured shall, where the workman is dead, include a reference to his legal personal representative or to his dependants or other person to whom or for whose bellefit compensation is payable.
( 3 ) If on any proceedings for the recovery of cornpen- sation under this Act it appears to the court by whom the claim to compensatio~l is to be settled 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 ~ i m e aforesaid been a person working runder a valid contract of service o r apprenticeship.
3.

( 1 ) If in any employme~lt a workman suffers per- Employers' liabilities for sonal injury by accident arising out of and in the course of compensation.
such employment his employer shall be liable to pay com- pensation in accordance with the provisions of this Act: Provided that the employer shall not be so liable tinder this Act for such compe~lsation should- ( a ) the injury not result in the total o r partial illcapacity of the workman for a period exceedi~lg three days; (0) the accident be proved to be attributable to the workman's own serious and wilful misconduct which shall include- 8 CAP.
475) IZbrkmen 5 Compensation LAWS OF ANTIGUA AND BARBUDA (i) his being under the influence of drugs or intoxicating drink; or (ii) a coiltravention of any law, regulation or order, whether statutory or otherwise, expressly made for the purpose of ensuring the safety or health of workmen, or of pre- venting accidents to workmen, if the contra- vention was committed deliberately or with a reckless disregard of the terms of such law, regulation or order; or (iii) the wilful removal or disregard by the work- man of any safety guard or other device which hc knew to have been provided for the pur- pose of securing the safety of workmen; or (iv) ally other act or omission which the court may, having regard to all the circumstances of an accident, declare to be serious and wilful misconduct; ( 6 ) it be proved that the accident would not have occurred, or in so far as the incapacity or death would not have been caused, but for a pre-existing diseased or injured condition of the workman; (d) death or incapacity resulting from personal injury if the workman has at any time represented to the employer that he was not suffering from that or a similar injury, knowing that the representation was false.
(2) An accident resulting in the death or total and per- manent incapacity of a workman shall be deemed to arise out of and in the course of his employment and the employer shall be liable to pay compensation notwithstanding that the workman was at the time when the accident happened act- ing in contravention of any statutory or other regulation applicable to his employment, o r of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if such act was done by the workman for the purposes of and in connection with his employer's trade or business.
LAWS OF ANTIGUA AND BARBUDA Workmen's Compensation (CAP.

475 9 4.

An accident happening to a workman in o r about Accidents happening ally premises at which h e is for the time being employed for while ,,,ting the purposes of his employer's trade o r business, shall be emergency.
deemed to arise out of and i11 the course of his employmerlt and the employer shall be liable to pay compensation, if the accident happens while he is taking steps o n an actual o r supposed emergency at these premises, to rescue, succour or protect persons who are, o r are thought to be o r may possibly be, injured o r imperilled, o r to avert o r minimise serious damage to property.

5.
5.

Notwithstanding anything in this Act, no compen- Employers not liable in certain sation shall be payable under this Act in respect of any cases.

injury directly or indirectly sustained as a result of war, inva- sion, act of foreign enemies, hostilities o r warlike operations (whether war is declared o r not) civil war, mutiny, insurrec- tion, rebellion, revolution, conspiracy or military o r usurped power.
6. , L (1) In every case where injury arising out of and Liability OF employer for in the course of his e m ~ l o v m e n t has been sustained bv a expensesof workman the employer shall irrespective of whether the z::eey workman is disqualified for compensation under the provi- treatment and sions of paragraph ( a ) of subsection (1) of section 3 be expensesof liable to pay to the workman or to any other person advanc- treament.
ing the same, the reasonable expenses of conveying, where necessary, the injured workman from the place of the acci- dent to the place of treatment and thence to his residence.
for other (2) Where medical treatment or examination is imme- diately required as a result of bodily injury (includillg fatal injury) to a workman arising out of and in the course of his employment and the treatment o r examination so required (in this section referred to as "emergency treatment") is effected by a medical practitioner, the employer shall irre- spective of whether the workman is disqualified for compen- sation under the provisions of paragraph (a) of subsection (1) of section 3 be liable to pay to the practitioner- (a) a fee prescribed by regulatio~ls made under this Act in respect of each workman in whose case the emergency treatment is effected by the practitioner, and 10 CAP.
475) Workmen S C;ompensation LAWS OF ANTIGUA AND BARBUDA (b) a sum in respect of any distance which the practitioner must cover in order to proceed from the place whence he is summoned to the place where the emergency treatment is carried out by him and to return to the first mentioned place, equal to the travel- ling allowance paid by Government to officers in the employment of Government: Provided that the minimum sum to which the medical practitioner shall be entitled shall not in any case be less thali the amount to which the practitioner would be entitled had he travelled a distance of two miles.
(3) The employer shall, irrespective of whether the workrna~~ is disqualified for compensation under the provi- sions of paragraph ( ( 1 ) of subsection (1) of section 3, be liable to pay LO the workman or to any other person provid- ing the same he reasonable cost, charges and expenses (which shall include travelling expenses necessary as a result of periodic medical treatment prescribed by a medi- cal practitioner and also expenses incurred by the workman in establishing his claim to compensation, provided he does so successfully) in respect of any medical treatment given to the workman in consequence of any personal injury sus- tained by him and arising out of and in the course of the workman's employment by that employer, such cost, charges and expenses being adjusted to the workman's station in life and his actual physical condition occasioned by the injury and not exceeding in respect of medical treatment as an out- patient one thousand dollars.
To whom compensation payable.

7.

(1) The compensation shall be payable to or for the benefit of the workman, or where death results from the injury, to or for the benefit of his dependants, as provided by this Act.

(2) Where there are both total and partial dependants nothing in this Act shall be construed as preventing the compensation being allotted partly to the total and partly to the partial dependants.

Amount of compensation.

8.


(1) Subject to the provisions of this Act, the amount of compensation shall be as follows, namely- LAWS OF ANTIGUA AND BARBUDA Workmrn ic.

(:o,mj)m,st~tion (CAP.
475 I I (a) where death res~llts from the inj~lry the actual cost of the burial of the deceased workman and i l l addi- tion- (i) if the workman leaves a dependant or depen- dants wholly dependent upon his earnings, a sum equal to forty-two months' wages or fifty thousand dollars whichever is the less; (ii) if the workman does not leave a dependant or dependants wholly dependent upon his earn- ings but leaves a dependant or dependants mainly so dependent, such sum not exceed- ing the amount of compensation payable under the preceding sub-paragraph as may be agreed upon, or in default of agreement as may be awarded by the court to be reasonable and proportionate to the injury to the said dependant or dependants; (O) where permanent total incapacity result from the injury- ( i ) in the case of an adult, a sum equal to fifty- four months' wages or sixty thousand dollars whichever is the less; (ii) in the case of a millor, a sum equal to one h~undred and eight months' wages or sixty thoilsalld dollars whichever is the less; ((.)
where permanent partial incapacity results l'ro~n the i~!jury- ( i ) in the case of all injury specified i l l the Schedule such percentage of'the compensation Schedule.
which wotlld have been payable in the case of permanent total incapacity as is specified thereill as being the percentage of the loss of earning capacity caused by that inj~lry; and (ii) in the case o f an injury not specified in the Schedille, such percentage of the compensa- tion payable in the case of permanent total incapacity as is proportionate t o the loss of earning capacity perma~ie~ltly caused by the i~?jt~ry: 12 CAP.
475) Workmen 's Compensation LAWS OF ANTIGUA AND BARBUDA Provided that such compensation may be increased by such an amount as may be agreed upon or in default of agreement as may be awarded by the court, having regard to the nature of the injury sustained in rela- tion to the type of work and other circum- stances of the workman.
Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated, but not so in any case as to exceed the amount which would have been payable if total incapacity had resulted from the injuries; (d) where temporary incapacity, whether total or partial, res~rlts fi-om the injury- (i) in the case of a weekly paid adult a sum equal to seventy-five per centum, and in the case of a weekly paid minor a sum equal to eighty per centum, of the weekly wages of such adult or minor, as the case may be, payable on the eighth day from the date of the incapacity and thereafter weekly during the incapacity or during a period of five years, whichever period is shorter; (ii) in the case of a monthly paid adult a sum equal to thirty-seven and a half per centum, and in the case of a monthly paid minor a sum equal to forty per centum, of the monthly wages of such adult o r minor, as the case may be, payable on the sixteenth day from the date of the incapacity and thereafter half-monthly during the incapacity or during a period of five years, whichever period is shorter.
(2) The period of incapacity shall be deemed to com- mence on the day of the accident.

( 3 ) In the event of permanent total or permanent par- tial incapacity following temporary incapacity n o deduction shall be made from any lump sum payable in respect of such permanent total or permanent partial incapacity by reason LAWS OF ANTIGUA AND BARBUDA I/lbrkmen's Compensation (CAP.

475 13 of weekly o r half-monthly payments having been made during temporary incapacity.
(4) On the ceasing of the incapacity before the date on which any weekly o r half-monthly payment falls due, there shall be payable in respect of that period a sum proportion- ate to the duration of the incapacity in that period.

9.
9.

(1) Where in the opinion of a rnedical practition- Additional compensation to er a workman's temporary incapacity, whether total o r par- injuredworkman tial, is such that he requires the constant assistance of ~&P,";,",Y,"%$ another person during his incapacity, additional compensa- temporary tion shall be paid to the workman during such incapacity at a rate being not more than fifty per centum of the rate pre- scribed in section 8.
(2) Before any person is employed to assist a workman under subsection (1) the opinion of a medical practitioner shall be sought as to the nature of the assistance required and the probable duration thereof.

10.

(1) An employer shall be liable to supply artifi- &:",$,".

:,"z cia1 eyes and dental appliances to a workman whenever the necessity for such artificial eyes or dental appliances is the result of an accident arising out of and in the course of the employment of the workman by that employer.
A A (2) Where an accident arising out of and in the course of his employment has caused the loss of a limb or other mutilation alld the supply of artificial member o r members and apparatus will improve the earning capacity of an injured workman, such artificial member or members and apparatus shall be provided at the expense of the employer and the rate of compensation payable shall be reduced in proportion to the improvement in earning capacity result- ing from the use of the artificial member or members and apparatus.
( 3 ) The court may order an employer to pay for the replacement or repair of artificial member or members and apparatus damaged as a result of an accident, arising out of and in the course of a workman's employment by that employer.

14 CAP.

475) Workmun 's (,'omf)msc~tion LAWS OF ANTIGUA AND BARBUDA Method of calculating wages.

11.
( 1 ) For the purposes of sectio~l 8 the wages of a workman shall be calculated as follows, namely- (a) in the case of a weekly paid workman- ( i ) where the workman has during a conti~luous period of' not less than twelve months imme- diately preceding the accident, been in the service of the employer who is liable to pay compensation, the weekly wages of the work- man shall be o n e fifty-second of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (ii) in other cases, the weekly wages shall be sevell times the total wages earned in respect of the last continuous period o f service immediately preceding the accident from the employer who is liable to pay compensation divided by the number of days comprising such period; ( O ) in the case of monthly paid workman- (i) where the workman has, during a continuous period of not less than twelve months imme- diately preceding the accident been in the service of the employer who is liable to pay compensation, the monthly wages of the workman shall be one-twelfth of the total wages which have fallen due for payment to him by the employer in the last twelve months of that period; (ii) in other cases, the monthly wages shall be thirty times the topal wages earned i l l respect of the last continuous period of service imme- the diately preceding the accident from employer who is liable to pay compensation divided by the number of days comprising such period: Provided that- (i) where by reason of the shortness of the time during which the workman has been in the employment of an employer or the casual LAWS OF ANTIGUA AND BARBUDA Workmen (;omfien.st~tion (CAP.
475 nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute a rate of remuneration which would be representative of the workman's average weekly or monthly earnings, regard may be had to the average weekly o r monthly amount which, during the twelve months previous to the accident, was earned by a person of average diligence or ability in the same category employed at the same work by the same employer, or, if there is n o such person who was so employed, by such a person in the same category employed in the same class of employment and in the same district; (ii) where in ally case it seems more equitable compensation may be awarded, having regard to the earnings of the workman at the time of the accident.
(2) A period of service shall, for the purpose of this section, be deemed to be continuous which has not been interrupted by a period of absence from work exceeding fourteen days.

12.
(1) Any weekly or half-monthly payment payable Retiewof payments under this Act either under an agreement between the par- ties or under an order of a court may be reviewed by a court on the application either of the employer or of the work- man if- - ( a ) where the review takes place more than six months after the accident, it is claimed and proved that, had the workman remained uninjured and con- tinued in the same class of employment as that in which he was employed at the date of the accident, his average weekly o r monthly earnings during the twelve months immediately preceding the review would, as a result of fluctuations in rates of remuneration, have been greater o r less by more than twenty per cent than his average weekly or monthly earnings during the twelve months previous to the accident (or if the weekly or half-monthly payment has been previously varied on 16 CAP.
475) Workmpn 's (:omf)msntion LAWS OF ANTIGUA AND BARBUDA a review during the twelve months previous to that review or the last of such reviews), the weekly or half- monthly payment shall be varied so as to make it such as it would have been if the rates of remuneration bbtaining during the twelve months previous to the review had obtained during the twelve months previous to the accident; ( b ) there has heen a change i l l the coliditioll of the workmall, in which case the application shall be accompanied by the certificate of a medical practition- er, or silhject to regulatiotis made ililder this Act, an applicatioil made without such certificate.
(2) Ally weekly or half-monthly payment may, on rcvicw u~itler this section, subject to the other provisions of this Act, bc co~itilii~ed, increased, decreased o r ended, o r if the incapacity is fi)und to have resl~lted it1 permanent inca- pacity, be co~lvel-ted to the lump sum to which the workman is entitled.

Cases in which employer may alterweeklyor half-monthly payment.

13.
An employer shall not he entitled otherwise than ill pursualice of all agreement to end o r dimi~iish a weekly o r half-monthly payment except in the following cases- (1) where a workman in receipt of a weekly o r half- monthly payment i l l respect of total incapacity has actilally retur~led to work; (2) where the medical practitiotier who has examined the workman iulder section 18 or, ill his abselice, ally other medical practitioner has certified that the workmall has wholly or partially recovered, o r that the incapacity is 11o longer due in whole or in part to the accident, and a copy of the certificate (which shall set out the grounds o f t h e opin- ion of the medical practitioner) together with notice of the intention o f the employer from the date of the service of the notice to end the weekly o r half-molithly payment, o r to diminish it hy such amowit as is stated ill the notice, has been served by the employer upon the workman: Provided that- ( a ) in the last melitiolled case, if hefi)re the expi- ration o f tell clear days from the date o f t h e service of LAWS OF ANTIGUA AND BARBUDA Workmun :> (:omf)m,stction (CAP.
475 17 the notice, the workman sends to the employer the report of allother medical practitioner (which report shall set out the ground of his opinion) disagreeing with the certificate so served by the employer, the week- ly o r half-monthly payment shall not be elided o r diminished except in accordance with such report, o r if and so Ear as the employer disputes such report except in accorda~ice with the certificate given by a medical referee in pursuance of section 47; and (I?)
where an application has been made in pnr- suance of the said section 47 to refer the dispute to a rnedical referee it shall be l a w f ~ ~ l for the employer, peliding the settlement of the disputc to pay into court- (i) where the notice was a notice to end the weekly or half-monthly payment, the whole of each weekly o r half-monthly payment becom- ing payable in the meantime; (ii) where the notice was a notice to diminish the weekly o r half-mo~lthly payment, so much of each weekly o r half-monthly payment so payable as is ill dispute; and the sum so paid into court shall, o n the settlenie~it of the dis- pute, be paid to the employer o r to the work- man, accordilig to the effect of the certificate of'the medical referee, or, if the effect of that certificate is dispi~ted as i l l default of agree- ment, rnay be determined by the court or, o n appeal by a J u d g e of the High (:ourt; (4 nothing ill this section shall be construed as anthori~ing an employer to end o r diminish a weekly or half-monthly payment ill ally case in which, or to an extent to which, apart from this section he would not be entitled to do so.
14.

(1) Compensation payable where the death of a ~ workman has resulted from an injury shall be paid into death, court, and any sum so paid in shall be apportioned among the dependants of the deceased workman or any of them in such proportion as the court thinks fit, or may, in the discre- tion of the court be allotted to any one such dependant, and the sum so allotted to any dependant shall be paid to ~ ~ ~ ~ ~ ~ ~ ' ~ ~ n 18 CAP.
475) Workm~n 1s (;ornf)m.snlion LAWS OF ANTIGUA AND BARBUDA him o r be invested, applied or otherwise dealt with Sor his benefit it1 such manner as the court thinks fit.

(2) Compensation payable where perma~lent i~lcapaci- ty has resillted fiom all i ~ ~ j i i r y shall be paid into court and ally slim so paid shall he paid to the persol1 entitled thereto or be invested, applied or otherwise dealt with f i ~ r his belle- fit ill such manner as the court thinks fit.
(3) Any other compe~lsatio~l payable imder this Act may be paid into court and, when so paid in, shall he paid by the court to the person entitled thereto.

(4) The receipt of the clerk of the court shall be suffi- cient discharge in respect of any amount paid in under the provisions of this Act.
(5) 0 1 1 the payment in of any money under s~tbsectio~l (1) the court may deduct therefrom the actilal cost of the burial of the deceased workman, and pay the same to the person by whom s ~ ~ c h expenses were i~lcilrred, and shall, if it thinks necessary, cause notice to be piiblished, o r to be served o n each dependant in such manner as it thinks fit calling upon the d e p e ~ i d a ~ l t s to appear befbre it on such date as it may fix for determining the distrihutio~l of the compensation.
If the coilrt is satisfied, after any inquiry which it may deem necessary, that I I ~ dependant exists, the court shall repay the balance of the money after dedi~ction of hospital and other medical expenses inc~lrred to the employer by whom it was paid.

The conrt shall, o11 applica- tion by the employer, filrnish a statement showing in detail all dish~lrsements made.
( 6 ) Where a weekly or half-monthly payment is payable ~ l n d e r this Act to a workman ilnder ally legal disability, the court may, of its ow11 motion o r on application made to it in this behalf, order that such weekly o r half-~no~lthly payment be paid during the disability to any dependant o f t h e work- man o r to any other person whom it thinks best fitted to provide for the welfare of the workman.
(7) Where, on application made to the court in this behalf o r otherwise, the court is satisfied that, on account of neglect of children on the part of a parent, o r o11 accoii~lt of LAWS OF ANTIGUA AND BARBUDA Workmen's Compensation (CAP.
475 I 5) the variation of the circumstances of any dependant, o r for any other sufficient cause, an order of the court as to the distribution of any sum paid as compensation o r as to the manner in which any sum payable to any such dependant is to be invested, applied o r otherwise dealt with, ought to be varied, the court may make such order for the variation of the former order as it thinksjust in the circumstances of the case: Provided that n o such order prejudicial to ally person shall be made ullless such person has been given an oppor- tunity of showing cause why the order should not be made, or shall be made in any case in which it would i~lvolve the repayment by a dependant of ally sum already paid to him.
(8) The solicitor o r agent of a person claiming com- pensation under this Act shall not be entitled to recover from him any costs in respect of such claim o r to claim a lien in respect of such costs on, o r deduct such costs from, the sum awarded o r agreed as compensation, except such sum as may be awarded by a court, subject to regulations made under this Act, on an applicatio~~ made either by the person claiming compensation, o r by his solicitor o r agent, to determine the amount of the costs to be paid to the solicitor or agent.
15.

Save as provided by this Act, no lump sum o r Compensation weekly o r half-monthly payment payable under this Act shall attached, or be capable of being assigned, charged o r attached o r shall charged.

pass to ally persoli other than the workman by operation of law, nor shall any claim be set off against the same.

not to be assigned, 16.


(1) Proceedings for the recovery under this Act Requirements* to notice of acci- of compensation for ally irljury shall not be maintainable dentandclaim for iuiless- compensation.

((1) written o r oral notice of the accident has been give11 as soon as practicable after the happening there- of; ( O ) written or oral notice of the accident has been given before the workman has volu~ltarily left the employment i l l which he was injured; 20 CAP.
475) Workmen 3 Compensation LAWS OF ANTIGUA AND BAREUDA (c) the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury; (d) in the case of death the claim for compensa- tion has been made within six months after the date of death or within six months after the date of the acci- dent; ( e ) in the case of death occurring more than six months after the accident causing injury, a claim for compensation has been made by the workman within six months of the accident: Provided that- (i) any defect or inaccuracy in such notice shall not be a bar to the maintenance of such pro- ceedings if it is found in the proceedings for settling the claim that the employer is not, o r would not, if an amended notice were then given and the hearing postponed, be preju- diced in his defence by the defect or inaccu- racy or that such defect or inaccuracy was occasioned by mistake, absence from Antigua and Barbuda or other reasonable cause; (ii) the failure to make a claim within the period specified shall not be a bar to the mainte- nance of such proceedings if it is found that the failure was occasioned by absence from Antigua and Barbuda or other reasonable cause; (iii) the failure to give such notice or make a claim within the period specified shall not be a bar to the maintenance of such proceedings if there be an acknowledgement in writing, signed by the employer or his authorized agent, that he waives compliance with the provisions of this section and the said provi- sions shall be deemed to be waived to the extent set out in such acknowledgement; (iv) if the employer or his authorized agent admits liability to pay compensation, it shall not be necessary for the workman to give any LAWS OF ANTIGUA AND BARBUDA Workmen 's Coml,en.cc~/iori (CAP.
475 2 1 such notice, and the c l a i r ~ ~ 1 0 1 - conrpcllsatiotl may be made witllili t11rt.c.

tnol~ths alter the date of the admissioti of'liability; (v) the want of a ~ioticc shall not be a bar to the n~aintenancc of p~ o c cedings if the employer is proved t o have had knowledge of the acci- dent from any otllcr source at or about the time of thc accident.
(2) Notice in respect of an irljury under this Act may be given to the employer (or if there is more lhali one etnployer to one of such employers) or to any forernall or other official under whose super-vision the workman is employed, or to any person designated for the purpose by the employer, and shall give the name and address of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened.
(3) The notice, if in writing, may be given by delivering the same at o r sending it by the post in a registered letter addressed to the residence or place of business of the person to whom it is to be given.

(4) Where the employer is a body of persons, corpo- rate or unincorporate, the notice, if in writing, may also be given by delivering it or by sending it by post in a registered letter addressed to the employer, at the office, or if there be more than one office, any one of the offices of such body.
( 5 ) The workman shall, if required by his employer, supply to him such further particulars of the accident and of the injury as the employer may reasonably require.

(6) Any person making a false declaration, knowing it to be false, for the purpose of obtaining compensation shall be guilty of an offence against this Act and shall be liable on summary conviction to a penalty not exceeding one thousand dollars.

17.
17.

If a workman receiving a weekly or half-monthly Payments to cease on workman ceas- payment ceases to reside in Antigua and Barbuda, such ingtoresidein thereupon be g:f":ayd weekly or half-monthly paymen~s shall redeemed by a lump sum to be determined by agreement 22 CAP.

475) Workmen 's Compensation LAWS OF ANTIGUA AND BARBUDA Medical examina- tion after notice ofaccident.

between the parties and if the parties cannot agree, as may be determined by a court o n the application of either party.

18.
18.

(1) Where a workman has given notice of an accident o r where an accident has occurred in respect of which the necessity of giving notice under this Act is dis- pensed with, he shall, if so required by the employer, submit himself for examination by a medical practitioner provided and paid by the employer.

(2) The workman shall, when required, attend upon that medical practitioner at the time and place notified to the workman by the employer, provided such time and place is reasonable.
(3) 111 the event of the workman being, in the opinion of any medical practitioner whatever, unable o r not in a fit state to attend o n the medical practitioner named by the employer, that fact shall be notified to the employer, and the medical practitioner so named shall fix a time and place for a personal examination of the workman and shall send him notice accordingly.
(4) If the workman refuses o r wilfully neglects to sub- mit himself to such examination, o r in any way wilfully obstructs o r unnecessarily delays such examination, his right to compensation and to take or prosecute any pro- ceedings under this Act in relation to compensation, shall be suspe~ided until such examina~ioii has rake11 place.

(5) The workman shall be entitled to have his own medical practitioner present at such examination, but at his own expense.
(6) Where the workmall is not attended by a medical practitioner he shall, if so required by the employer, submit himself for medical treatment by a medical practitioner selected by the employer without expense to the workman.

(7) If the workman has refused to submit himself to treatment by a medical practitioner when so required under the provisions of subsection (6), o r having submitted himself LAWS OF ANTIGUA AND BARBUDA Workmen 's Compensation (CAP.
475 23 to such treatment has disregarded the instructions of the medical practitioner, then if it is thereafter proved that the refusal or disregard was unreasonable in the circumbtances of the case and that the injury has been aggravated thereby, the injury and resulting incapacity shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the workman had submitted himself to treatment by, and duly carried out the instructions of the medical practitioner, and compensation, if any, shall be payable accordingly.
(8) Where a claim for compensatio~l is made i l l respect of the death of a workman, the11 if the workmall had refused or wilfully neglected to submit himself to examination by a medical practitioner when so required under the provisions of this section, or had wilfully obstructed or unnecessarily delayed the examination o r had refused to submit himself to treatment by a medical practitioner when so required under the provisions of this section or, having submitted himself to treatment, had disregarded the instructions of the medical practitioner, and if it is thereafter proved, that the refusal, neglect, obstruction, delay o r disregard was unreasonable in the circumstallces of the case and that death of the workman was caused thereby, the death shall not be deemed to have resulted from the injury and no compe~lsatiorl shall be payable.
19.

Any workman receiving weekly or half-monthly .

Medical examina- tton of workman payments under this Act shall, if so required by the employ- ,ece;v;ngpay- er, from time to time but at reasonable intervals, submit merits, himself for examination by a medical practitioner provided and paid by the employer and the provisions of section 18 shall apply to any such examination.

20.
20.

Where under this Act a right to compensatio~l is ~ ~ ~ ' ~ b ~ ~ ~ d suspended no compe~lsation shall be payable in respect of ofsuspensionof the period of suspension.

right.

21.

(1) The employer and the workman may, after Asreementsfor payment of com- the injury in respect of which the claim to compensation pensation.

has arisen, agree in writing to- ( a ) the amount to be paid by the employer as compensation in respect of the incapacity of the work- man resulting from that injury; 24 CAP.
475) Workmen's Conzpensation LAWS OF ANTIGUA AND BARBUDA (b) any other matter under this Act, and such agreement shall be forwarded to the court which may within three months cancel it and make such order (i'ncluding an order as to any sum already paid under the agreement) as in the circumstances may be thoughtjust if it is of the opinion that- (i) the sum paid or to be paid was or is inade- quate o r excessive; or (ii) the agreement was obtained by such fraud, undue influence, misrepresentation or other improper means, as would in law be sufficient ground for avoiding an agreement; o r (iii) the agreement was entered into in ignorance of o r under a mistake as to the true nature of the injury.
(2) Any such agreement may on application to the magistrate be made ajudgment of the court under this Act.
(3) Where it is desired to have an agreement made a judgment of the court, a memorandum thereof shall be sent by any interested party to the clerk of the court who shall, subject to the provisions hereinafter contained, on being satisfied as to its genuineness, record such memorandum in a special register, and thereupon the memorandum shall for all purposes be enforceable as a judgment of the court: Provided that- (a) n o such memorandum shall be recorded before fourteen days after the despatch by the clerk by registered post, of notice to the parties interested; and (6) where a workman seeks to record a memoran- dum of agreement between his employer and himself for the payment of compensatioil under this Act and the employer proves by affidavit that the workman has in fact returned to work and is earning wages as he did before the accident, and objects to the recording of such memorandum, the memorandum shall only be recorded, if at all, on such terms as the court under the circumstances may thinkjust.
LAWS OF ANTIGUA AND BAFU$UDA Workmen 's Compensation (CAP.

475 2.5 22.
(1) Where any person (in this section referred Srrb-contracting to as "the principal") in the course of or for the purposes of his trade or business, contracts with any other person (in this section referred to as "the contractor") for the execu- tion by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall, provided the notice of the accident required under section 16 is given to him, be liable to pay to any workman employed in the execution of the work any compensation under this Act which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal, then in the application of this Act references to the principal shall be substituted for refer- ences to the employer, except that the amount of compen- sation shall be calculated with reference to the earnings of the workman under the employer by whom he is immedi- ately employed: Provided that, where the contract relates to threshing, ploughing, or other agricultural work and the contractor provides and uses machinery driven by mechanical power for the purposes of such work, he and he alone shall be liable under this Act to pay compensation to any workman employed by him on such work.
(2) Where the principal is liable to pay compensation under this section he shall be entitled to be indemnified by any person who would have been liable to pay compensa- tion to the workman independently of this section.

(3) Nothing in this section shall be construed as pre- venting a workman recovering compensation under this Act from the contractor instead of the principal.
(4) This section shall not apply in any case where the accident occurred elsewhere than on, or in, or about premises on which the principal has undertaken to execute the work or which are otherwise under his control or man- agement.

23.

(1) If a workman contracts any disease to which ~ , this section amlies.

and the disease is due to the nature of eases.

the employment, and the incapacity or death of the workman L L " ~ p " , " !

~ ~ ~ ~ 26 CAF'.
~ ~ ~ ~ 26 CAF'.

475) Workmen 2 Compmsntion LAWS OF ANTIGUA AND BARBUDA results from that disease, compensation shall be payable as if the disease was a personal injury by accident arising out of and in the course of that employmerlt, and all the provisions of this Act shall apply accordingly, subject however to the provisions of this section.
(2) For the purposes of calculating the earnings of the workman in a claim for compensation under this section, the commencement of the incapacity of the workman, o r the date of his death if there has been n o previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due, by the employer from whom the cornpe~lsation is claimed, and if he is not then so employed, the last day on which he was so employed shall f o r thi4 purpose be treated as the date of the happening of the accident.
(3) For all other purposes of this Act, the commerlce- ment of the incapacity of the workman, o r the date of his death if there has been n o previous period of incapacity, shall be treated as the date of the happening of the acci- dent.
(4) If the disease has been contracted by a gradual pro- cess, so that two o r more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of compensation recoverable shall not exceed the amount that would have been recoverable if those employers had been a single employer, and in any such case those employers shall, in default of agreement, be entitled as between themselves to such rights of contribu- tioil as the ~nagistrate thinks just, having regard to the cir- cumsta~lces of the case, in any action brought o r application made by ally of them for this purpose.
(5) The diseases to which this section applies shall be prescribed by order from time to time by the C .a b. inet.

(6) Nothing in this section shall affect the right of a workman to compensation in respect of a disease to which this section does not apply if the disease is contracted as a result of an injury in respect of which he is elltitled to com- pensation under the other provisions of this Act.

LAWS OF ANTIGUA AND BARBUDA Workmen's Compensation (CAP.

475 2 7 24.
475 2 7 24.

(1) Subject to the provisions of this Act, it shall Compulsory insurance against not be lawful for any person to employ another person as a ,rkmen~s ,,,.

workman, unless there is in force in relation to the employ- pensationclaims.
merit of that workman a policy of insurance or other con- tract of indemnity in respect of the liability of the employer in case of the death of or bodily injury to the workman aris- ing out of and in the course of such employment: Provided that this subsection shall apply only to the employments set out in subsection ( 3 ) unless the Cabinet by order published in the Guzette declares that it shall apply to any other employment mentioned in that order, and the Cabinet may at any time and from time to time make a new order applying this subsection to other employments and may alter, amend o r revoke any such order: Provided further that this subsection shall not apply where the workman is employed by or on behalf of the Crown or the Government.
(2) The Labour Commissioner or any person autho- rized by him in that behalf may call for and inspect any poli- cy of insurance taken out under the provisions of this section.
( 3 ) The employments to which subsection (1) applies are- ( a ) any employment connected with building corlstruction and structural work in connection with buildings, if more than three workmen are engaged thereupon; ( b ) any employment connected with any wood- working machinery or sawmill, sugar factory, foundry, docks, wharves or quays and the loading and unloading of ships, thereat; ( c ) any employment connected with mining or forestry; and (d) any employment connected with any danger- ous operation.
(4) The Cabinet may, if satisfied that a bond in such sum of money as they may fix entered into by an employer 28 CAP.
475) Il/r,rkmun :s Cornl,m.mtion LAWS OF ANTIGUA AND BARBUDA with sufficient sureties offers as good a security for the pay- ment of compensation agreed upon or adjudged to be paid under this Act, direct that such bond be given and that it shall stand in lieu of the insurance reauired under subsec- tion (1'1 and every such bond shall be made in favour of the ~ c c o ; i t a n t - ~ e n i r a l and be deposited with the Registrar of the High Court.
(5) The Accountant-General shall, upon any employer failing to pay any sum of money agreed upon or adjudged by the court to be paid as compensation under this Act for the benefit of a workman or his dependants, enforce the h o ~ i d ill relation to that workman and the bond, if given to secure the payment of compensation in respect of other workmc.11 shall remain in fi)rce as r e ~ a r d s the other work- mvn.

~ ~ o t c v i t h s ~ ~ r ~ t l i ~ l g silcll ~ ~ i f O r c ~ m e ~ i t .
(6) Every person who acls i ~ i co~itravelltion of sub- section (1) shall be guilty of'an off'encc against this Act and shall be liable o11 summary conviction to a fine not exceed- ing fifteen hundred dollars or to imprisonment for a term not exceeding three morlths.
(7) Notwithstanding anything contailled in any law prescribing the time within which proceedings may be brought under the Magistrate's Code of Procedure Act, pro- ceedings for an offence under this section may be brought within a period of six months from the date on which it first came to the knowledge of the prosecutor that the offence h a d been committetl.
( 8 ) 111 sitbsection (S), "dangeroits operation" means an operation connected with ally manufacture, machinery, plant, process o r description of manual labour in factories, workshops o r elsewhere which the Cabinet may, by notice pitblished in the Gr~zettu, declare to be dangerous to life or limb for the purposes of workme~l's compensation.

Cap.

255.

Conditions under which liability for er arises.

25.

(1) If, after i ~ l s t ~ r a ~ l c e has been effected o r other ins.
"- contract of indemnity entered into o r a bond securing the payment of compe~lsatio~l given pursuant to section 24, an employer becomes liable to pay compe~isation to a work- rnan or his dependants, then notwithstandi~lg anything to LAWS OF ANTIGUA AND BARBUDA Workmen S Compensation (CAP.
475 29 the employer or the contrary in any policy of insurance contract or indemni- ty or bond contained, the insurer or person liable to indem- the payment of niQ compensation under a bond shall pay the compensation agreed upon or adjudged to be paid, including any sum payable in respect of costs, in the manner prescribed in section 14. to secure (2) No sum shall be payable by an insurer, or person liable under a contract of indemnity or a bond given to secure payment of compensation under- the provisio~is oi this section- ( a ) unless, in the case of compensation agreed upon between an employer and a workman or his dependants, such insurer or other person liable as aforesaid consented to pay the sum agreed upon as compensation to the workman or his dependants; or (b) unless, in the case of compensation adjudged by the court to be paid to a workman or his depen- dants, the insurer or person liable as aforesaid had notice of the application to determine the compensa- tion in time to enable him to apply to be added as a co- defendant, if he is so minded; or in respect of any judgment to pay compensation, so long as execution thereon is stayed by the court or pending appeal; or in respect of a policy of insurance, if before the happen- ing of the event which was the cause of the death or personal injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provi- sion contained therein.
(3) If notice of the application to determine any com- pensation is given to an insurer, or other person liable under a contract of indemnity or bond to secure the pay- ment of compensation, in time to enable him to apply to the court to be added as co-defendant, the court shall add the insurer or other such person as a co-defendant and he shall have the same right to defend the proceedings as if he were the employer.
(4) Where any sum paid by the insurer or person liable to indemnify the employer or to secure the payment of 30 CAP.

475) LAWS OF ANTIGUA AND BARBUDA Miorkmm '., C:omf)m.sc~lion compelisation under a bond is covered by the policy of' insurance contract of indemnity o r b o ~ i d (as the case may be) by virtue only of'this section, such sum shall be recover- able 'by the insurer or other persol1 as afbresaid from the employer.

Registration of employers.

26.


(1) Every employer to whom sectio~i 24 applies shall- ( ( 1 ) within thirty days after the cornmelicemelit of' this Act in the case of an employer already ill bt~siness; o r ( 6 ) within thirty days after commencing business, make application for registration to the Labour Com - missioner on the prescribed form.
(2) The I;ahour (:orn~nissio~ier- shall, upon the receipt s~tbsectio~l (1) c o ~ i t a i ~ i i ~ l g by him of all applicatio~i ~ r ~ i d c r the particulars specified in the prescribed fi)rni and o l i being satisfied that the particrllars are correct fbrthwith register the employer and the partic~~lars thereof' to which the application relates and he shall issue to the applica~it a certificate of registration o n the prescribed f i r m .
(3) Where ally change takes place in ally of'the partic- registered under subsectioll (2), the employer shall ~ ~ l a r s withill thirty days afier the date u p o ~ i which the c h a ~ i g e takes place, rnake application to the 1,abollr (:o~rimissio~ier for the L,abo~~r (:om~riissio~ier shall arne~ltl the register accortlingly ant1 issue to the applica~it a certificate of registratio~i of' the change as afiwesaid.
the registratio~i of the change alid (4) T h e [;ahour (:ommissioller may take such steps as h e may consider necessary to ascertain whether the particu- lars supplied by the employers who apply fi)r registration are correct.
(5) Any person who fbils to comply with the require- ments of'this section, or who wilti~lly delays o r obstructs the L3abour (:ommissio~ier o r ally officer appointed by him in the exercise of ally power, duty o r fiuiction iuider this sec- tion shall he g ~ ~ i l t y of all off'ence against this Act a ~ i d shall be LAWS OF ANTIGUA AND BARBUDA Workmrn :s (,'omf)rnsation (CAP.

475 ?I 1 liable o n summary conviction to a penalty not exceeding two h u ~ l d r e d and fifty dollars.

<, \ , 27.
<, \ , 27.

( 1 ) Wheu the injury was caused by the personal Alternative .

, .
, .

, ~icglicre~lce o r wilful act of the emplover o r of some person f i ~ r whose act o r det'ni~lt the employer is responsible, 110th- i ~ i g i l l this Act shall affect ally civil liability o f t h e employer, hut in that case the workman may at his option claim com- pensation u ~ i d e r this Act, o r take proceedings independent- ly of this Act, but the employer shall 11ot be liable to pay co~npensation under this Act and damages.
Acceptance of compensation under this Act shall 11ot operate as a bar to proceedings illdependently ofthis Act.

remedies.
(2) If', within the time limited in this Act for taking proceedings, all actio~l is brought to recover damages inde- pe~lde~ltly of this Act for injury caused by an accident, and it is determined ill such action or on appeal that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisio~ls of this Act, the action shall be dismissed; but the court in which the action is tried, or, if the determina- tion is the determination on all appeal (by either party) by an appellate tribu~lal, that trib~unal, shall, if the plaintiff so choose, proceed to assess such compe~lsatio~l, b ~ ~ t deduct fi-on1 such compensation all o r part o f the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act: may Provided that the said court o r appellate tribiunal may, instead o f itself assessing such compensation, remit the case to the magistrate for the assessment of the compe~lsation, and in such case may order the magistrate to deduct fi-om the amount of compensation assessed by him all o r part of such costs as aforesaid.
(3) 111 any proceedings under subsectio~l (2), when the court o r appellate tribunal assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deductio~l of costs, and such certificate shall have the force and effect of and shall be registered as all agreement i111der this Act.

LAWS OF ANTIGUA AND BARBUDA CAP.

475) Workmen 's Compensation Remedies against employer and stranger.

28.
28.

Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the empl~yer to pay damages in respect thereof- Provisions as to cases of insolvency or bankruptcy of employer.
( u ) the workman may take proceedings both against that person to recover damages and against any person liable to pay compensation under this Act but shall not be entitled to recover both damages and com- pensation; and ( 6 ) if the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity under section 22 (relating to liability in case of workmen employed by contractors), shall be entitled to he indemnified by the person so liable to pay damages as afbresaid, and all questions as to the right to and amount of any such indemnity shall, in default of agreement, be settled by the court.
29.
(1) Where the employer has entered into a con- tract with any insurers in respect of any liability under this Act to ally workman, then, in the event of the employer becoming insolvent or bankrupt, or making a composition or arrangement with his creditors, or, if the employer is a company, in the event of thc company having comme~lced to be wound up or a receiver or manager of the company's business or undertaking having been duly appointed, or possessiotl having been taken by or on behalf of the holders of debentures secured by a floating charge, of any property comprised in or subject to the charge, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in the enactments relating to insolvency or bankruptcy and the winding up of companies, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so however that the insurers shall not be under any greater liability to the workman than they would have been under to the employer.
LAWS OF ANTIGUA AND BARBUDA Wol-knzun :Y (,'o,mpunsntion (CAP.

475 33 (2) If the liability of the insurers to the workman is less than the liability of'the employer to the workman, the work- man may prove for the balance in the insolvency or bankruptcy or liquidation, or, as the case may be, he may recover the balance from the receiver or manager.
(3) There shall be included among the debts which- ( a ) under section 3'7 of the Bankruptcy Act are, in Cap.41 the distribution of the property or assets of a bankrupt, to be paid in priority to all other debts; and (b) under the Companies Act are in the winding Cap.94.
up of a company to be paid in priority to all other debts, the amount due in respect of any compensation or liability for compensation accrued before the following date, that is to say- (i) in the first case the date of the receiving order; and (ii) in the second case the date of the commence- ment of the winding up of the company.
For the purposes of this provision where the compensa- tion is a weekly or half-monthly payment, the amount due in respect thereof shall, failing agreement between the two parties, be a lump sum to be fixed by the court.

(4) The provisions of this section with respect to preferences and priorities shall not apply where the insol- vent or bankrupt o r the company has entered into such a contract with insurers as aforesaid.
(5) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruc- tion o r of amalgamatioll with another company.

30.

(1) If the employer becomes insolvent and is Employerliable for compensation ordered to pay compensation under this Act, he shall, if todisclose requested, disclose whether he is insured against personal insurer.
injury to o r death of the workman employed by him and, if so insured, the name and address of the insurer and the amount for which he is insured.

LAWS OF ANTIGUA AND BARBUDA CAP.
475) Work men 's (,'wmpcnsation (2) When the insurer indemnifies an employer against liability to pay compensation and has used or uses that employer's name or has acted o n his behalf in any proceed- ings trnder this Act, that insurer shall be bound by the decision given up011 those proceedings in the same manner and to the same extent as the employer and the insurer shall indemnify the employer accordingly: Provided that the liability of the insurer shall be limited by the terms and co~lditio~is of the policy of' insurance sub- sisting between him and the employer.
31.

Application to (1) The provisions of this Act shall apply to a workmen in the .

, e m ~ l o ~ m e n t o f workmall in the cniployme~lt of the Crown where in conse- the'crown.

quence o S injury received by any such workman in the dis- charge o f his duties a p e ~ i s i o ~ i or gratuity is payable to him or in case of death to his depe~idants and such pension or gratuity is less than the compensation payable under this Act.
(2) In this section the references to pension or gratuity shall be construed as meaning a pension or gratuity which is payable under any law relating to pensions in a case of injury received or death occurring in the discharge of duty in the service of the Gover~lment as defined in such law and which would not be payable if the injury were received or the death occurred otherwise.

Application to workmen in the employmentofa localauthority.

32.
32.

(1) In the application of this Act to workmen ill the employment of a local authority, the exercise and per- formance by it of its powers and duties conferred and imposed by law, o r by-law or regulation shall be regarded as the trade, business or undertaking of that authority.
(2) The provisions of the last preceding section shall, mutatis mutandis, apply in respect of a workman in the employment of any local authority where provision exists by law or by-law o r regulation for the grant of a p e ~ l s i o ~ l o r gra- tuity to such workman in the case of an injury received by him in the discharge of his duties, or to any other person in the event of the workman's death resulting from that injury.

LAWS OF ANTIGUA AND BARBUDA Workmen :s (,'ompensation (CAP.

475 3 5 33.
475 3 5 33.

(1) This Act shall apply to masters, seamen, and Application to persons employed apprentices to the sea service, provided that such persons onships.
are workmen within the meaning of this Act, and are mem- bers of the crew of' any ship registered in Antigua aud Barbuda, o r of any other (:ommonwealth ship or vessel of which the owner, o r (if' there is more than one owner) the managing owner, o r manager resides or has his principal place of business in Antigua and Barbuda, subject to the following modifications- ( a ) the notice of accident and the claim for com- pensation may, except where the person injured is the master, be given to the master of the ship as if h e were the employer, but where the accident happened and the incapacity commenced on board the ship it shall not be necessary to give any notice of the accident; ( 6 ) in the case of the death of the master, seaman o r apprentice, the application for compensation shall be made within six months after news of the death has been received by the claimant; ( c ) where the injured master, seaman or appren- tice is discharged or left behind in a Commonwealth country or iu a foreign country, depositions respecting the circumstances and nature of the injury may be taken by any Judge or Magistrate in the Commonwealth country, and by the principle representative of Antigua and Barbuda o r any British consular officer in the for- eign cou~itry and if so taken shall be transmitted by the person by whom they wcrc takcn to the hlinistcr, and such depositions o r certified copies thereof shall in any proceedings for enforciltg the claim be admissible in evidence as provided in sections 287 and 288 of the Antigua and Barbuda Merchant Shipping Act and Cap.2s- those sections shall apply accordingly; ( d ) ill the case of the death of a master, seaman or apprentice leaving no dependants, n o compensa- tion shall be payable, if the owner of the ship is under the Antigua and Barbuda Merchant Shipping Act, liable to pay expenses of burial; (e) the weekly or half-monthly payment shall not be payable in respect of the period during which the LAWS OF ANTIGUA AND BARBUDA CAP.
475) Workmen 3 Compensation owner of the ship is, under any law in force for the time being in Antigua and Barbuda relating to merchant shipping, liable to defray the expenses of maintenance of the injured master or seaman or apprentice; V) any sum payable by way of compensation by the owner of the ship under this Act shall be paid in full notwithstanding anything in section 310 of the Antigua and Barbuda Merchant Shipping Act (which relates to the limitations of shipowner's liability in cer- tain cases of loss of life, injury or damage), but the limi- tation of the owner's liability imposed by that section shall apply to the amount recoverable by way of indem- nity under section 28 (relating to remedies both against employer and stranger) as if the indemnity were damages for loss of life or personal injury; (g) subsections (2) and (3) of section 174 of the Merchant Shipping Act, 1894 (which relates to the recovery of wages of seamen lost with their ship), shall apply as respects proceedings for the recovery of com- pensation by dependants of masters, seamen and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices; and proceedings for the recovery of compensation shall in such a case be main- tainable if the application is made within 18 months of the date at which the ship is deemed to have been lost with all hands.
(2) This Act shall also apply to any person not being a master, seaman o r apprentice to the sea service, employed on board any such ship as is mentioned in this section, if he is so employed for the purposes of the ship or of any passen- gers or cargo or mails carried by the ship, and if he is other- wise a workman within the meaning of this Act.

34.
34.

(1) If it is alleged that the owners of any ship are liable as such owners to pay compensation under this Act, and at any lime that ship is found i11 any port of Antigua and Barbuda, or within the territorial limits thereof, a Judge of the High Court may, upon its being shown to him by any per- son applying in accordance with the rules of court that the owners are probably liable as such to pay such compensation, 57 & 58 Vict.

c. 60.

Detention of ships.

LAWS OF ANTIGUA AND BARBUDA (CAP.
475 and that none of the owners reside in Antigua and Barbuda, issue an order directed to any officer of ccstoms o r other officer named by the Judgc requiring him to detain the ship until such time as the owners, agent, master, or con- signee thereof have paid such compensation, o r have given security, to be approved by the Judge, to abide the event of any proceedings that may be instituted to recover such compensation and to pay such compensation and costs as may he awarded thereon; and any officer of customs o r other officer to whom the order is directed shall detain the ship accordingly.
(2) In any legal proceeding to recover such compen- sation, the person giving security shall be made defendant, and the production of the order of the Judge, made in rela- tion to the security, shall be conclusive evidence of the lia- bility of the defendant to the proceeding.
(3) Where a complaint is made to the Minister that before an application can be made under this section he ship in respect of which the application is to be made will have departed from the limits within which she can be arrested, the ship shall, if the Minister so directs, be detained for such time as will allow the application to be made and the result thereof to be communicated to the officer detaining the ship, and that officer shall not be liable for any costs or damages in respect of the detention, if made in accordance with the directions of the Minister.
(4) Section 277 of the Antigua and Barbuda Merchant Shipping Act shall apply to the detention of a ship under this Act as it applies to the detention of a ship under that Act, and, if the owner of a ship is a corporation, it shall for the purposes of this section be deemed to reside in Antigua and Barbuda if it has an office in Antigua and Barbuda at which service of writs can be effected.
(5) Where a ship has been demised to charterers, the provisions of this section shall apply to claims against the charterers of the ship as they apply to claims against the own- ers of a ship with the substitution of charterers for owners: Provided that no ship shall be detained on a claim against the charterers of the ship after the expiration of the term for which the ship is demised to them.

LAWS OF ANTIGUA AND BARBUDA CAP.


475) Workmen's (;ompensation Workman's right to apply for compensation if no amount agreed in four weeks.

35.

If an employer on whom notice of the accident has be'en served as aforesaid does not within four weeks after the receipt of the notice agree in writing with the workman as to the amount of compensatio~l to be paid, the workman may make such application as in this Act is pro- vided for enforcing his claim to compensatior~.
All claims to be determined by magistrate.

36.

(1) All claims for compensation under this Act and any matter arising out of the proceedings thereunder shall be determined by the magistrate's court of the district in which there occurred the accident in respect of which the claim for compensatio~l arose whatever may be the amoLrnc irlvolved.
All such questions shall be determined up011 ;tpplication made LO such magistrate in manner provided by his Act: Provided that- (a) a claim may be had and taken in a magis- trate's court of a district on which both parties mutually agree; ( b ) the Cabinet from time to time may, for the convenience of parties and the saving of expense, by order, direct in what magistrate's court proceedings for compensation may be taken in respect of accidents occurring in any area specified in the order.
(2) ( i ) The court may, subject to regulations made itrlder this Act, submit to a medical referee for report any matter of a medical character which seems material to any question arising in the course of the proceedings before the court; (ii) when the court has decided to refer a matter to a medical referee by virtue of the provi- sions of paragraph (i), the court shall fix the time within which the parties may come to an agreement as to the choice of a medical ref- eree, and failing such agreement, the court shall refer the matter to a medical referee chosen by the court; LAWS OF ANTIGUA AND BARBUDA Workmen 's Compensation (CAP.
475 39 (iii) a medical referee to whom any such refer- ence is made shall, in accordance with regula- tions made under this Act, give a certificate of his findings and such certificate shall be con- clusive evidence as to the matters so certified; (iv) regulations may be made by the Cabinet for prescribing the duties of the medical referee in cases of reference made under this subsec- tion and the forms to be used.
(3) No application for the settlement of any matter by the court shall be made unless and until some question has arisen between the parties in connection therewith which they have been unable to settle by agreement.

37.
37.

(1) A workman o r an employer (hereinafter Applicationfor compensation to called "the applicant") who desires the determination of be lodged with ally question arising out of an accident in which compensa- clerk of court tion is or might be claimed shall lodge with the clerk of the particulars.
magistrate's court a written application in the prescribed form accompanied by particulars containing- accompanied by (a) a concise statement of the circumstances under which the application is made and the relief or order which the applicant claims, or the question which he desires to have determined; (6) the full name and address of the applicant and of his attorney or agent and the name and address of the respondent.
(2) If the application be made by an employer it shall be accompanied by a statement whether he admits his lia- bility to pay compensatiol~, or denies such liability and whether the admission or denial is total o r partial, and if h e admits o r denies liability partially, a statement of the extent to which he admits o r denies liability.

In the case of a denial of liability the grounds shall be stated.
( 3 ) If the clerk of the court be satisfied that the appli- cant is, owning to illiteracy, blindness or any other physical cause, unable to furnish the information required, h e shall himself fill in the applicatio~l and particulars on the pre- scribed form.

Copy o f application and particulars to be served on respondent.

LAWS OF ANTIGUA AND BARBUDA CAP.
475) Workmvn :s (;omf)un.snlion 38. thereof (1) As soon as an application together with the accompa~lying particulars and statement herein pre- scribed, has been lodged the clerk of the court shall fbrth- with cause a copy to be served upo11 the respondent together with a notice requiring the respon- dent to lodge with the clerk of the court such answer as is prescribed in subseclion (2) wilhin the period therein pre- scribed and that in default of' his complying with that or of' his appearing at a time and place fixed in the notice, such order may he made under this Act as the magistrate thinks just and expedient.
Except with the written consent o f t h e respondent communicated to the clerk of the court, not less than fourteen clear days shall elapse between the date o f thc service of' the ~iotice tipoll the respo~ident a ~ i d the tlatc fixetl for hcari~ig the application.
(2) If' the respo~ident i ~ i t e ~ i d s to oppose an applica- tion he shall, within seven days after service of' notice, o r within such extended period as the magistrate may upon special request allow, lodge with the clerk of the court a written answer containing a concise statement o f the extent and grounds of his opposition.
(3) The magistrate may, at any time before the deter- mination of the qiiestio~l in dispute and lipon s i ~ c h terrns as to acljournment o r as to costs as he deems,just allow an application, o r any particulars or s t a t e m e ~ ~ t accompa~lyi~lg the same, o r ally answer thereto to be amended.

Any such amendment shall be lodged with the clerk of the court who shall forthwith cause it to be served upon the opposite party.

39.
Save as is specially provided in this Act a magis- trate's court shall, upo11 o r in connection with ally question to be determined thereunder have all the powers and.j~lris- dictions exercisable and be subject to all the duties and obligations to he performed by a magistrate's court of the district in o r i l l connection with civil actions in such court and the law, rilles and practice i l l such civil actio~ls shall mutatis mmutandis apply; and any order made by a magistrate under this Act may be enforced as if it were a judgment or order of the court.
Magistrate to have power and jurisdiction of magistrate's court.

LAWS OF ANTIGUA AND BARBUDA Workmen's Com~ensation (CAP.

475 4 1 40.

(1) If the workman at the hearing of an applica- Maestrate may adjourn hearing doubt as to degree tion be incapacitated by reason of the injury in respect of ~ o r , e ~ v e m o , , ~ s which the application is made and if further it be uncertain where there is whether the incapacity is temporary o r permanent, o r if ofincapacity.
permanent, whether it is partial or total, the magistrate may, if he is satisfied that the workman is entitled to com- pensation in the event of the incapacity being permanent, adjourn the hearing for a period o r periods not exceeding twelve months in all, reckoned from the date of the acci- dent causing the injury and may make an interim order that the employer shall, in the meantime, pay such com- pensation to the workman as is provided by this Act irl the case of temporary incapacity for work o r permanent partial incapacity for work, as the case may be.
(2) If the workman at the hearing of a n application be not incapacitated but there is reason to believe that the injury sustained by him may ultimately result in his perma- nent or total incapacity for work or in his death, the magis- trate may adjourn the hearing for a period or periods not exceeding twelve moilths in all, reckoned from the date of the accident causing the injury, so that the workman may retain his right to recover compensation in the case of per- manent incapacity, partial or total, resulting ultimately from the injury, or the dependants retain their right to recover compensation in the event of the workman's death.
41.

The magistrate may, in his discretion, on the Power of application of either party to any proceedings before him, submit questions or of his own motion without any application, submit ally of law.

questiorl of law in the form of a special case for the deci- sion of the Court of Appeal and if he does so, he shall decide the question in conformity with such decision.

magistrate to 42.
magistrate to 42.

(1) An appeal shall lie to the Court of Appeal t p r d ~ ; ; C ~ u r t from any order of a magistrate where- ( a ) a question of law is involved; (6) the decision was one which the magistrate viewing the evidence reasonably could not properly make: Provided that from the followi~lg orders of a magistrate, namely- 42 CAP.
475) Workmen 's Compensation LAWS OF ANTIGUA AND BARBUDA ( a ) an order awarding as compensatioll a lump sum, or disallowing a claim in full or in part for a lump sum; ( b ) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleg- ing himself to be such a dependant; (c) an order allowing o r disallowing any claim for the amount of an indemnity under the provisions of subsection (2) of section 22; or (d) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions, n o appeal shall lie against any such order unless the amount in dispute i l l the appeal is more than fifteen hun- dred dollars.
(2) Notwithstanding anything herein contained, n o appeal shall lie in any case in which the parties have agreed to abide by the decision of the magistrate, or in which the order of the magistrate gives effect to an agreement come to by the parties.

Provisions of Magistrate's Code of ProcedureAct t o a ~ p l y t o s p ~ c ~ a l cases and appeals.

Cap.

255.

- 43.
Cap.

255.

- 43.

Save as provided in section 44 the provisions of ., the Magistrate's Code of Procedure Act for the time being in force relating to special cases 2nd to appeals in civil pro- ceedings from a magistrate to the Court of Appeal shall apply to and govern any special case submitted to the Court of Appeal under section 41, and, subject to the provisions of subsections (1) and (2) of section 42, any appeal to the Court of Appeal under this Act.

44.
44.

The decision of the Court of Appeal in any spe- Decisions of Court of Appeal in soecialcasesand cial case submitted to it or i l l any appeal under this Act ippealstobe final.

shall be final.

NO right to contract out of A C ~ .

45.


Ally provision in a contract of employment exist- ing at the commencement of this Act, or thereafter entered into, whereby a workman o r his dependants relinquish any right to compensation under this Act or to damages LAWS OF ANTIGUA AND BARBUDA Workmen S (;ompensation (CAP.

475 4 3 independently of this Act whether for the workman o r for any dependants shall be null and void.

46.
46.

(1) The Minister may appoint any medical prac- Appointmentand remuneration o f titioner to be a medical referee for the purposes of this Act medical referee, and may revoke any such appointment at any time.

(2) Any appointment made under the preceding sub- section, o r any revocation of any such appointment, shall take effect o n the date of its publication in the Gazette.
( 3 ) The remuneration of, and other expenses incurred by medical referees under this Act shall, subject to regulations made under this Act and except so far as they are defrayed by fees received from the parties under this Act, be paid out of moneys provided by the Legislature.

,.

(4) Where a medical referee has been employed as a medical practitioner in connection with any case by o r on behalf of an employer o r workman o r by any insurers inter- ested, he shall not act as medical referee in that case.
(5) T h e number of medical referees appointed by the Minister shall be at least three at any time: Provided that the reduction, below three, of the num- ber of medical referees shall not invalidate any reference to, o r any certificate given by, a medical referee.

47.

( 1 ) Where a workman has submitted himself for ~$l''~,"~,"~of~edi.

examination by a ~rledical practitioner, o r has been exam- cal referee.
ined by a medical practitioner selected by himself, and the employer o r the workman, as the case may be, has within six days after such examination tiirnished the other with a copy of the report of that practitioner as to the workman's conditio~l, then, in the event of no agreement being come to between the employer and the workman as to the work- man's condition o r fitness for employment, a magistrate, o n application being made to him by one o r both parties, may refer the matter to a medical referee.
(2) In the case of an application made by both parties under the provisions of the preceding subsecticn, the magistrate shall refer the matter to a medical referee chose11 44 CAP.

475) Workmen's Compensation LAWS OF ANTIGUA AND BARBUDA by both parties, but, if such parties cannot agree on the choice of a medical referee within such time as may be fixed by the magistrate, the magistrate shall refer the matter to a m e d i a l referee chosen by him.
(3) The medical referee to whom the matter is so referred shall, in accordailce with regulations made under this Act, give a certificate as to the condition of the work- man a n d his fitness for employment, specifying, where nec- essary, the kind of employment for which h e is fit, and that certificate shall be conclusive evidence as to the matters so certified.
(4) Whcre n o agrecmerlt can be come to between the employer and the workman as to whether o r to what extent lhc iricapacity o[ thc workman is d u e to the accident, the provisions of this 5ection \hall, subject to any regulations made under this Act, apply as if the questioil were a ques- tion as to the condition of the workman.
(5) If a workman, o n being required so to do, refuses to submit himself for examination by a medical referee to whom the matter has been so referred as aforesaid, o r in any way obstructs the same, his right to compensation and to take o r prosecute any proceeding under this Act in rela- tion to compensation, or, in the case of a workman in receipt of a weekly or half-monthly payment under this Act, his right to that weekly o r half-monthly payment shall be suspended ~ultil such examination has taken place.
48.
Every employer in ally industry to which the Minister may direct that this section shall apply and every insurance company shall, o n o r before such day in every year as the Minister may direct, send to the Labour Commissioner a correct return specifying the number of injuries in respect of which compensation has been paid by such employer o r insurance company, as the case may be, under this Act during the previous year, and the amount of such compellsatioll together with such other particulars as to the compeilsatioll as the Minister may direct and in default of complying with this section ally such employer or insurance company shall be guilty of an offence against this Employers to make returns of injuries.
LAWS OF ANTIGUA AND BARBUDA Workmen S Conzpensation (CAP.

475 45 Act and shall be liable on summary conviction to a penalty not exceeding five hundred dollars.

49.

(1) There shall be displayed at o r near every Displayofnotice.

mine, quarry, factory o r workshop a notice containing such abstract of this Act and the regulations made thereunder as may be prescribed by the Labour Commissioner.
( 2 ) Any person who fails to comply with the require- ments of subsectiol~ (1) shall be guilty of an offence against this Act and shall be liable on summary conviction to a penalty not exceeding one hundred dollars.

50.

The Cabinet shall have power to make regula- R e ~ l a t i o n s .
tions for- ( a ) prescribing the procedure and forms in respect of matters to be done under this Act; (b) matters which are specifically mentioned in this Act as being matters which may be prescribed by regulation; and (c) generally for carrying out the objects and pro- visions of this Act.

51.

The Labour Commissioner may institute or Enforcement.
cause to be instituted any prosecution for the purpose of enforcing any of the provisions of sections 26, 48 and 49 and any officer of the Labour Department may appear as prosecutor for and on behalf of the Labour Commissioner.

46 CAP .

475) Workmen's C;ompmsation LAWS OF ANTIGUA AND BARBUDA SGHEDUL.
E S.8(l) (c) (i) Injury Degree of Disablement per centum 1.oss of two limbs ............................................................. L.oss of both hands or of all fingers and thumbs ........... Total loss of sight ............................................................ Total paralysis .................................................................. 111. juries resulting in being bedridden permanently ..... Any other in.jury causing permanent total disablement Loss of remaining eye by oneuyed workman ................. L.oss of remaining arm by one-armed workman ........... I.oss of remaining leg by one-legged workman .............
I. oss of a1.m at shol~lder ...................................................... L.oss of arm above elbow ..................................................... L.oss of arm below elbow ..................................................... Loss of hand at wrist ............................................................ Loss of four fingers and thumb o n one hand .................... Loss of four fingers ............................................................. Loss of thumb-both phalanges ........................................ one phalanx ............................................. 1. oss of index finger-three phalanges .............................. ................................. two phalanges .................................... one phalanx 15 10 8 Loss of middle finger-three phalanges ............................ ............................... ................................. two phalanges one phalanx 1. oss of ring finger-three phalanges ................................. .................................... two phalanges one phalanx ...................................... Loss of little finger-three phalanges ................................ two phalanges ................................... one phalanx ...................................... Loss of ~netacal-pals-first or second (additional) ............ third.
for~rth 01 .

fifth (do.)

.............. 8 4 2 8 4 2 5 3 2 5 5 1. oss of leg-at hip joint .................................................... above knee .................................................. at knee ........................................................... 75 70 70 I 5 I LAWS OF ANTIGUA AND BARBUDA Work'mvn '.$ (~omfi~n.srz~io.n (CAP.
475 III,]III-y Degree of Disablement per centllln L.oss of leg-below knee ..................................................... at ankle .......................................................... Loss of foot-at ankle ......................................................... above the.j~~nction ofthe fi)ot with toes ..... Loss of toes-all .................................................................. great, both phalanges ......... : ........................ ....................................... great, one phalanx other than great, if more than one toe lost, ................................................................. each Loss of eye-eye out ........................................................... sight of ........................................................... lens of ............................................................. sight of, except perception o f light ..............
I t f i Loss of hearing-both ears ................................................. one ear .................................................... 60 40 40 35 35 15 1.5 3 40 40 30 40 70 '20 Total permanent loss of nse of member shall be treated as loss of member.

T h e percentage of incapacity fix ankylosis of any joint shall be reckoned as from 25 to 100 per cent.

of the incap~city for loss of the use of that member, according to whether the joint is anky- losed in a favourable o r trnfavourable position.
In the case of a rlght-handed wol k n ~ a n , an Inltrry to the left drni o r hand and, in the case of A left-handed workman, to the rlght arm or hand shall be rated a t ninety per centunl of the above percentages.

Where there is a loss of two or more parts o f t h e hand, the percentage of incapacity shall not be Inore than for the whole hand.
A one-eyed worknlan who on entering employment has failed to disclose that Fact to his employer shall, if h e loses his remaining eye, be entitled to compensation in respect of a degree ofdisable- ment of forty per centurn only.

For the purposes of this Schedule, a one-eyed workman means a workman who has lost the sight of one eye.