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LAWS OF FIJI
BACK _______ WORKMEN'S COMPENSATION ARRANGEMENT OF SECTIONS _______ 1. Short title. 2. Meaning of "workman" and application of Act. 3. Interpretation. 4. Application to workmen employed under the Crown. 6. Compensation in fatal cases. 7. Compensation in the case of permanent total incapacity. 8. Compensation in the case of permanent partial incapacity. 9. Compensation in the case of temporary incapacity. 10. Method of calculating earnings. 11. Persons entitled to compensation. 12. Distribution of compensation. 13. Requirements as to notice of accident and application for compensation. 14. Employer to report the injury to, or death of, a workman and method of notification. 15. Medical examination and treatment. 16. Agreement as to compensation. 17. Determination of claims. 18. Review. 19. Limitation of power of employer to end or decrease periodical payments. 20. Jurisdiction of the court. 21. Power of the court to submit questions of law. 22. Appeals. 23. Liability in case of workmen employed by contractors. 24. Remedies against both employer and stranger. 25. Proceedings independently of this Act. 26. Minister may by order require employers to insure. 27. Provision as to cases of bankruptcy of employer. 28. Application to persons employed on ships. 29. Procedure where workmen's earnings do not exceed a prescribed amount per week. 30. Contracting out. 31. Compensation not to be assigned, charged or attached. 33. Decisions of court in regard to treatment and medical reports. 34. Fees for medical aid to be prescribed. 36. Liability to pay compensation. 37. Fixing date from which time is to run, indicating requirements as to the giving of notice and defining earnings. 38. Presumption as to cause of disease. 39. Saving right of workman to proceed against previous employer. 40. Compensation to include medical aid. 41. Diseases and occupations may be prescribed. 43. Regulations as to transfer of funds. AN ACT TO PROVIDE FOR COMPENSATION TO WORKMEN FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT Short title Provided that the following persons are excepted from the definition of "workman":—
(3) Except for the purposes of section 16, any reference to a workman who has been injured shall, unless the context otherwise requires, where the workman is dead, include a reference to his personal representative, or to his dependants or any of them. (4) The Permanent Secretary and any labour officer or any labour inspector authorised by the Permanent Secretary in writing may institute or appear or both institute and appear on behalf of any workman or where the workman is dead on behalf of his dependants in any civil proceedings by the workman or any dependants of his, as the case may be, in respect of any matter or thing or course of action arising out of or in the course of employment of such workman under any of the provisions of this Act. (Inserted by 27 of 1975 s.2).
(2) The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this Act, be deemed to be the trade or business of such local or other public authority.
Employer's liability for compensation for death or incapacity resulting from accident Provided that—
(3) No compensation shall be payable under this Act in respect of any incapacity or death resulting from personal injury, if the workman has at any time represented in writing to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false.
Provided that in no case shall the amount of compensation in respect of permanent total incapacity be greater than sixteen thousand dollars nor less than three thousand dollars. (Amended by 27 of 1975, s. 5) (2) Notwithstanding the provisions of subsection (1), where an injury results in permanent total incapacity of such a nature that the injured workman must have the constant help of another person as certified by a medical practitioner, additional compensation shall be paid amounting to one-quarter of the amount which is otherwise payable under this section.
Provided that—
Provided that the amount payable after such deduction shall not, if a periodical payment, be less than a weekly payment of two thirds of the basic wage which the workman was earning at the time of the accident or is capable of earning in some suitable employment or business after the accident, or shall not, if a lump sum, be less than a sum calculated accordingly having regard to the probable duration and probable changes in the degree of incapacity. (3) On the ceasing of the incapacity before the date on which any periodical payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period. (4) Where a workman in receipt of periodical payments under the provisions of this section intends to leave the neighbourhood in which he was employed, for the purpose of residing elsewhere, he shall give notice of such intention to the employer who may agree with the workman for the redemption of such periodical payments by a lump sum, or for the continuance of such periodical payments. If the employer and workman are unable to agree, either party may apply to the court which shall have jurisdiction to order such redemption and to determine the amount to be paid or to order the continuance of the periodical payments: Provided that any lump sum so ordered to be paid together with the periodical payments already made to the workman shall not exceed the lump sum which would be payable in respect of the same degree of incapacity under the provisions of sections 7 or 8, as the case may be, if the incapacity were permanent. (5) If a workman in receipt of periodical payments under the provisions of this section leaves the neighbourhood in which he was employed, for the purpose of residing elsewhere, without giving notice as provided in subsection (4) or having given such notice leaves the neighbourhood as aforesaid without having come to an agreement with his employer for the redemption or continuance of such periodical payments, or without having made an application to the court under the provisions of subsection (4), he shall not be entitled to any benefits under the provisions of this Act during or in respect of the period of his absence. If the period of such absence shall exceed twenty-six weeks, the workman shall cease to be entitled to any benefits under the provisions of this Act. Provided that—
(3) Where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his weekly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident. Provided that if the workman does not disclose to each of his employers at the time of each new engagement his other earnings under any concurrent contract his compensation shall be computed only on the earnings he was receiving from the employer for whom he was working at the time of the accident. (2) Where there are both total and partial dependants, nothing in this Act shall be construed as preventing compensation being allotted partly to the total and partly to the partial dependants. (3) Where a dependant dies before a claim in respect of death is made under this Act, or, if a claim has been made, before an order for the payment of compensation has been made, the personal representative of the dependant shall have no right to payment of compensation, and the claim for compensation shall be dealt with as if that dependant had died before the workman. (2) Where, on application being made to a court, it appears thereto that on account of the variation of the circumstances of the various dependants, or for any other sufficient cause, an order made under this subsection ought to be varied, such court may make such order for the variation of the former order as in the circumstances of the case it may think just. (3) Compensation payable under the provisions of section 7 or 8 and lump sums payable under the provisions of section 9 shall be paid into court, and the court may order any sum so paid in to be paid to the person entitled thereto or to be invested, applied or otherwise dealt with for his benefit in such manner as the court thinks fit. (4) Nothing in this section shall prevent an employer from making any payment to a workman pending the settlement or determination of the claim and the court may order that the whole or any part of such payments shall be deducted from the amount of compensation payable to him under the provisions of this section. (5) Any other compensation payable under this Act may be paid to the workman or into court and when so paid shall be paid by the court to the person entitled thereto. (6) The receipt of the clerk of the court shall be a sufficient discharge in respect of any amount paid to the court under the provisions of this Act. (7) Any order or directions of the court made under the provisions of this section shall be final. Provided that—
(2) When the death of a workman from any cause whatsoever is brought to the notice of, or comes to the knowledge of his employer, the employer shall, within one week thereafter, give notice thereof in the prescribed form to the Permanent Secretary. Such notice shall state the circumstances of the death of the workman if they are known to the employer. (3) Any employer who, without reasonable cause, fails to comply with the provisions of subsections (1) and (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred dollars. (4) Nothing contained in this section shall prevent any person from making a claim for compensation under this Act. (2) The workman shall, when required, attend upon such medical practitioner at the time and place notified to the workman by the employer or such medical practitioner, provided such time and place are reasonable. (3) In the event of the workman being, in the opinion of any medical practitioner, unable or not in a fit state to attend on the medical practitioner named by the employer, that fact shall be notified to the employer, and the medical practitioner so named shall fix a reasonable time and place for a person examination of the workman and shall send him notice accordingly. (4) If the workman fails to submit himself for such examination, his right to compensation shall be suspended until such examination has taken place; and if such failure extends for a period of fifteen days from the date when the workman was required to submit himself for examination under the provisions of subsections (2) or (3), as the case may be, no compensation shall be payable, unless the court is satisfied that there was reasonable cause for such failure. (5) A workman shall be entitled to have his own medical practitioner present at such examination at his own expense. (6) During the period of temporary incapacity, the employer shall arrange to submit the workman for normal medical treatment by a medical practitioner approved by the employer at the expense of the employer. Such normal medical treatment shall include any specialist treatment which the medical practitioner may advise the workman to undergo. (7) If the workman has failed to submit himself for treatment by a medical practitioner when so required under the provisions of this section, or having submitted himself for such treatment has disregarded the instructions of such medical practitioner then, if it is proved that such failure or disregard was unreasonable in the circumstances 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 for treatment by, and duly carried out the instructions of, such medical practitioner, and compensation, if any, shall be payable accordingly. (8) Where under the provisions of subsection (4) a right of compensation is suspended, no compensation shall be payable in respect of the period of suspension. (9) Notwithstanding the previous provisions of this section, where a claim for compensation is made in respect of the death of a workman, then if the workman failed to submit himself to examination by a medical practitioner when so required under the provisions of this section or failed to submit himself for treatment by a medical practitioner when so required under the provisions of this section or having submitted himself for such treatment disregarded the instructions of such medical practitioner, and if it is proved that such failure or disregard was unreasonable in the circumstances of the case, and that the death of the workman was caused thereby, the death shall not be deemed to have resulted from the injury, and no compensation shall be payable in respect of the injury. Provided that—
(3) Where the compensation has been agreed the court may, notwithstanding that the agreement has been made an order of the court under the provisions of subsection (2), on application by any party within three months after the date of the agreement, cancel it and make such order (including an order as to any sum already paid under the agreement) as in the circumstances the court may think just, if it is proved—
(2) All claims for compensation under the provisions of this Act, unless determined by agreement, and any matter arising out of proceedings thereunder shall be determined by the court whatever may be the amount involved and the court may, for that purpose, call upon any person to give evidence, if the court is of opinion that such person is, by virtue of his expert knowledge, able to assist the court. (2) Any periodical payment may, on review under this section, subject to the provisions of this Act, be continued, increased, diminished, converted to a lump sum or ended. If the accident is found to have resulted in permanent incapacity, the periodical payment shall be converted to the lump sum to which the workman is entitled under the provisions of section 7 or 8, as the case may be, and such lump sum shall be dealt with in accordance with the provisions of subsection (2) of section 12. (3) Where application is made by an employer under the provisions of this section for any periodical payment to be ended or diminished, and the application is supported by the certificate of a medical practitioner, the employer may pay into court the periodical payment, or so much thereof as is equal to the amount by which he contends that the periodical payment should be diminished, to abide the decision of the court made on review under this section. (4) In making a review under the provisions of this section the court shall have regard only to the capacity for work of the workman as affected by the accident.
(2) Where in any proceedings under the provisions of this Act on a claim for compensation in respect of the death of a workman, the court is satisfied that other or sufficient evidence as to the dependency on the deceased workman of a person claiming to be a dependant residing outside the Division in which the proceedings are being taken, or as to the degree of such dependency, cannot be procured, or cannot be procured without undue hardship to the claimant or other party to the proceedings, a statement as to the dependency and as to the degree of dependency of the claimant, signed by a district officer assigned to the Division in which the claimant resides, whether within Fiji or within any other territory, shall be prima facie proof of the facts stated therein, and the signature of such district officer shall be admitted without proof unless the court has reason to doubt the genuineness thereof. (3) If in such proceedings any evidence is adduced which in the opinion of the court traverses the facts set out in such a statement, or if for any other reason the court thinks fit, the court may request a court having jurisdiction in the Division in which a person claiming to be a dependant resides, to investigate the fact of the dependency and the degree of the dependency of such person. The record of any such investigation including the finding of the court thereon shall be receivable as evidence in the proceedings, and a certificate signed by a magistrate or an officer of the court which has conducted the investigation shall be sufficient proof of such record and such signature shall be admitted without proof unless the court has reason to doubt the genuineness thereof. (4) Where a request is received by a court from any other court, whether within Fiji or within any other territory, for an investigation of any matter arising out of proceedings for compensation instituted in such other court under the provisions of this Act, or, if the other court is in another territory, under a law relating to workmen's compensation, the court shall have jurisdiction to conduct such investigation, and shall transmit to such other court the record of such investigation, including its findings thereof, duly certified by the magistrate or by an officer of the court. (5) For the purposes of this section the expression "territory" means any British colony or British protectorate or any territory in respect of which a trusteeship agreement has been entered into by Her Majesty. (2) Except with the leave of the court or of the Supreme Court (which shall not be granted unless in the opinion of such court some substantial question of law is involved in the appeal) no appeal shall lie if the amount in dispute is less than two hundred dollars. (3) No appeal shall lie in any case in which the parties have agreed to abide by the decision of the court, or in which the order of the court gives effect to an agreement come to by the parties. (4) No appeal shall lie after the expiration of thirty days from the date of the order of the court: Provided that the Supreme Court may, if it thinks fit, extend the time for appealing under the provisions of this section notwithstanding that the time for appealing has elapsed. (2) Where the principal is liable to pay compensation under the provisions of this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman, independently of this section. (3) Where a claim or application for compensation is made under the provisions of this section against a principal, the principal shall give notice thereof to the contractor who shall thereupon be entitled to intervene in any application made against the principal. (4) Nothing in this section shall be construed as preventing a workman recovering compensation under the provisions of this Act from the contractor instead of the principal. (5) 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 management. Remedies against both employer and stranger Provided that—
Provided that—
(2) Where the Minister has made any order under the provisions of subsection (1) he may exempt any employer to whom such order applies from the provisions thereof who provides and maintains in force a security which complies with the requirements of subsection (3) and any exemption so granted shall continue in force only so long as such security continues in force. (3) For the purposes of subsection (2), a security shall consist of an undertaking by a surety approved by the Minister to make good, subject to any conditions specified therein and up to an amount approved by the Minister any failure by the employer to discharge any liability which he may incur under the provisions of this Act to any workmen employed by him. (4) Any employer who acts in contravention of any order made under the provisions of subsection (1) shall be liable on conviction therefor to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months, or to both such fine and imprisonment, and, if the contravention in respect of which he was so convicted is continued after the conviction, he shall be guilty of a further offence and liable in respect thereof to a fine not exceeding ten dollars for each day on which the contravention continues. Provided that the insurers shall not be under any greater liability to the workman than they would have been under to the employer. (2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove for the balance in the 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—
the amount due in respect of any compensation or liability for compensation accrued before the following dates, that is to say:—
(4) Where the bankrupt or company in liquidation has entered into such a contract with insurers as is referred to in subsection (1), the provisions of subsection (3) shall not apply in respect of the liability of the employer to the workman or that part thereof which is met by the insurers.
(2) This Act shall not apply to such members of the crew of a fishing vessel as are remunerated wholly or mainly by shares in the profits or the gross earnings of the working of such vessel, except in such cases and subject to such modifications as the Minister may by order provide. (3) This Act shall also apply to any person not being a master, seaman or 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 passengers or cargo or mails carried by the ship and if he is otherwise a workman within the meaning of this Act. (4) In this section unless the context otherwise requires— "ship", "vessel", "master", "seaman" and "port" shall have the same meaning as in the Merchant Shipping Act, 1894 of the United Kingdom; "manager" in relation to a ship means the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner.
(2) In this section "officer" means the Permanent Secretary, the labour officer of the Division in which the accident occurs, or, where there is no such officer, a district officer assigned to such Division in which the accident occurs or such other person as the Permanent Secretary may appoint in writing, to be an officer for the purposes of this section. Medical expenses
(2) Any decision of the court given under subsection (1) shall be final. Compensation in respect of diseases
Provided that in no event shall the workman or his dependants be entitled to compensation in respect of any causation or aggravation of the disease which was due to employment outside Fiji, except in respect of a workman belonging to Fiji, employed outside Fiji by his employer within Fiji. (2) If on the hearing of an application for compensation in terms of subsection (1), the court is satisfied on the evidence that the allegations in the certificate are correct, the workman or his dependants, as the case may be, shall be entitled to compensation under this Act as if the contracting of the disease were an injury by accident arising out of and in the course of the workman's employment. (2) The workman or his dependants, if so required, shall furnish to the employer from whom compensation is claimed such information as he or they may possess as to the names and addresses of all other employers who during the said twenty-four months employed the workman in the occupation to the nature of which the disease is due. (3) If the employer alleges that the disease was in fact contracted while the workman was in the employment of some other employer and not while in his employment, he may join such other employer as a party to the proceedings and, if the allegation is proved that other employer shall be the employer from whom the compensation is to be recoverable. (4) If the disease is of such a nature as to be contracted by a gradual process, any other employers who during the said twenty-four months employed the workman in the occupation to the nature of which disease is due shall be liable to make to the employer from whom compensation is recoverable such contributions as in default of agreement may be settled by civil suit or by consent of the parties, by arbitration under the provisions of the Arbitration Act. (Cap. 38.) and defining earnings
(3) Compensation under this Part shall be calculated with reference to the earnings of the workman under the employer from whom the compensation is recoverable and the weekly earnings of the workman shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated at the date of the grant of the certificate referred to in section 35: Provided that—
Presumption as to cause of disease Provided that the intention to make any such regulation, specifying the contents thereof, shall be published in the Gazette at least one month before the making and any person wishing to do so, may make his objection in writing to the Minister within one month of such publication. Regulations
(3) Where a person convicted of an offence under this section is a company, the chairman and every director and every officer of the company shall be guilty of a like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.
(Section 8) (Substituted by 27 of 1975, s. 14) Percentage of Incapacity Loss of two limbs........................……………………………. ) Loss of both feet ........................…………………………….. ) Loss of both hands or of all fingers and thumbs……………. ) Total loss of sight .......................…………………………… ) Total paralysis..........................……………………………… ) Injuries resulting in being bedridden permanently................. . ) 100 Any other injury causing permanent total disablement …….. ) Loss of remaining eye by one-eyed workman .......…………. ) Loss of remaining arm by one-armed workman .....………… ) Loss of remaining leg by one-legged workman ......………… ) Very severe facial disfigurement..................………………… ) Loss of arm at shoulder .....................................…………….. 90 Loss of arm between elbow and shoulder ......................……. 80 Loss of arm at elbow........................................……………… 70 Loss of arm between wrist and elbow..........................……… 65 Loss of hand at wrist ........................................……………… 60 Loss of four fingers and thumb or one hand ....................……. 60 Loss of four fingers .........................................……………….. 35 Loss of thumb— both phalanges ........................................………………. 35 one phalanx...........................................………………… 12 the pulp of the thumb ...................................…………… 6 Loss of index finger— three phalanges........................................……………….. 10 two phalanges .........................................……………….. 8 one phalanx...........................................…………………. 4 pulp of an index finger ..................................……………. 2 Loss of middle finger— three phalanges.......................................………………... 10 two phalanges .........................................…………………. 8 one phalanx...........................................…………………… 4 pulp of a little finger ....................................………………. 2 Loss of ring finger— three phalanges........................................……………….….. 10 two phalanges .........................................………………….. 8 one phalanx...........................................…………………….. 4 pulp of a ring finger.....................................………………… 2 Loss of little finger— three phalanges........................................…………………….. 10 two phalanges .........................................…………………….. 8 one phalanx...........................................……………………….. 4 pulp of a little finger ....................................………………….. 2 Loss of metacarpals— first or second (additional)...............................………………… 3 third, fourth or fifth (additional)..........................………………. 2 Loss of leg above knee resulting in a stump less than 6 inches long . . 90 Loss of leg above knee resulting in a stump more than 6 inches long .. 70 Loss of leg below knee ......................................……………………… 45 Loss of foot ...............................................……………………………. 40 Loss of toes— all of one foot..........................................…………………………. 15 great, both phalanges ..................................………………………. 8 great, one phalanx .....................................……………………….. 4 other than great, each part with some loss of bone ...........……….. 1 Loss of eye— eye out...............................................……………………………… 40 Loss of sight of eye .........................................…………………………. 40 Loss of lens of eye ..........................................…………………………. 30 Loss of sight of, except perception of light .....................……………… 40 Loss of hearing— both ears..............................................…………………………….. 70 one ear ..............................................……………………………… 30 Total loss of natural Permanent Teeth— (1) Anterior Teeth—
2. The percentage of incapacity for ankylosis of any joint shall be reckoned as from twenty-five to one hundred per cent of the incapacity for loss of the part at that joint, according to whether the joint is ankylosed in a favourable or unfavourable position. Where there is a loss of two or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand. Where there are two or more injuries, the sum of the percentages for such injuries may be increased, and where such injuries are to the hand, the following basis of computing the increase shall be adopted, namely:—
For the purpose of this Schedule a "one-eyed workman" means a workman who has lost the sight of one eye. CHAPTER 94 WORKMEN'S COMPENSATION SECTION 41—WORKMEN'S COMPENSATION (OCCUPATIONAL DIS- EASES) REGULATIONS Short title FROM HEREONWARDS YET TO BE FORMATTED Description of Disease or Nature of Occupation Injury Any occupation involving—
8. Poisoning by a nitro-derivative of benzene, homologue of benzene The use or handling of, or exposure to the or of a fumes of, or vapour containing, a nitro- oramido-derivative of benzene, or of a homologue of benzene. 9. Poisoning by dinitrophenol or a homologue 10. Poisoning by tetrachlorethane . . . II. Poisoning by tri-cresyl phosphate 12. Poisoning by tri-phenylphosphate 13. Poisoning by diethylene dioxide (dioxan) 14. Poisoning by methyl bromide 15. Poisoning by chlorinated napth- alene (excluding the condition known as chloracne) The use or handling of, or exposure to the fumes of, or vapour containing, dinit- rophenol, or any of its homologues. The use or handling of, or exposure to the fumes of, or vapour containing tetra- chlorethane. The use or handling of, or exposure to the fumes of, or vapour containing tri- cresyl phosphate. The use or handling of, or exposure to the fumes of, or vapour containing, tri- phenylphosphate. The use or handling of, or exposure to the fumes of, or vapour containing, diethy- lene dioxide (dioxan). The use or handling of, or exposure to the fumes of, or vapour containing, methyl bromide. The use or handling of, or exposure to the fumes of, or vapour or dust containing chlorinated napthalene. Workmen's Compensation Description of Disease or Injury 16. Poisoning by nickel carbonyl. .. .. 17. Poisoning by nitrous fumes . . . 18. Poisoning by Gonioma kamassi (African box-wood) Nature of Occupation Any occupation involving— Exposure to nickel carbonyl gas. The use or handling of nitric acid or exposure to nitrous fumes. The manipulation of Gonioma kamassi or any process in or incidental to the manufacture of articles therefrom. 19. Anthrax 20. Glanders The handling of wool, hair, bristles, hides or skins or other animal products or residues, or contact with animals infected with anthrax. Contact with equine animals or their carcases 21. Infection by leptospiraictero- Work in rat-infested places. haemorrhagiae 22. (a) Ulceration of the comeal surface of the eye. (b) Localized new growth of the skin, paillomatous or keratotic. (c) Epitheliomatous cancer or ulceration of the skin, due in any case to tar, pitch, bitumen, mineral oil (including paraf- fin), soot or any compound, product, or residue of any of these substances. The use or handling of, or exposure to, tar, pitch, bitumen, mineral oil (includ- ing paraffin), soot or any compound, product or residue of any of these substances. 23. (a) Chrome ulceration (b) Inflammation or ulceration of the skin or of the mucous membrane of the upper respirat- ory passages or mouth produced by dust, liquid or vapour (includ- ing the condition known as chloracne but excluding chrome ulceration) The use or handling of chromic acid, chromate or bichromate ol ammonium, potassium, sodium, or zinc, or any preparation or solution containing any of these substances Exposure to dust, liquid or vapour. Description of Disease or Injury 24. Inflammation, ulceration or malignant disease of skin or subcutaneous tissues or of the bones, or leukaemia, or anaemia of the aplastic type, due to X- rays, ionizing particles, radium or other radio-active substance; or inflammation of the skin due to other forms of radiant energy 25. Cataract produced by exposure to the glare of, or rays from, molten glass or molten or red-hot metal. Nature of Occupation Any occupation involving— Exposure to X-rays, ionizing particles, radium or other radio-active substance or other forms of .radiant energy. Frequent or prolonged exposure to the glare of, or rays from molten glass or molten or reri-hfit metal 26. Compressed air illness .......... Subjection to compressed air of tht 27. Subcutaneous cellulitis hand (Beat hand) Manual labour causing severe or pro- longed friction or pressure on the hand. 28. Subcutaneous cellulitis or acute Manual labour causing severe or pro- bursitis arising at or about the longed friction or pressure at or about knee (Beat knee) the knee. 29. Subcutaneous cellulitis or acute Manual labour causing severe or pro- bursitis arising at or about the longed friction or pressure at or about elbow (Beat elbow) the elbow. 30. Inflammation of the synovial lin- ing of the wrist joint and tendon sheaths Manual labour, or frequent or repeated movement of the hand or wrist. 31. Miner's nystagmus ......... 32. Poisoning by beryllium. ..... Work in or about a mine. The use or handling of, or exposure to the fumes, dust or vapour of, beryllium or a substance containing beryllium. 33. (a) Carcinoma of the mucous membrane of the nose or associated air sinus (b) Primary carcinoma of a bronchus or of a lung Any occupation in a factory where nickel is produced by decomposition of a gaseous nickel compound which involves work in or about a building or buildings where that process or any other industrial process ancillary or incidental thereto is carried out. Workmen's Compensation S-5 Description of Disease or Injury 34 TiihP.triilnsia 35. Primary neoplasm of the epithelial lining of the urinary bladder (Papilloma of the bladder) Nature of Occupation Any occupation involving— Any occupation involving close and fre- quent contact with a source or sources of tuberculosis infection by reason of employment— (a) in the medical treatment or nursing of a person or persons suffering from tuberculosis or in a service ancillary to such treatment or nursing; (b) in attendance upon a person or persons suffering from tubercu- losis, where the need for such attendance arises by reason of physical or mental infirmity; (c) as a research worker engaged in research in connection with tuberculosis; (d) as a laboratory worker, pathologist or post-mortem worker, where the occupation involves working with material which is a source of tuberculosis infection or in any occupation ancillary to such employment. (a) work in a building in which any one of the following substances is produced for commercial pur- poses:— (i) alpha-napthylamine, beta napthylamine or benzidine or any of their salts; (ii) auramine or magenta; (b) the use or handling of any of the substances mentioned in (i) above, or work in a process in which any such substance is used or handled or liberated; (c) the maintenance or cleaning or any plant or machinery used in any such process in paragraph (b) or the cleaning of clothing used in any such building as is men- tioned in paragraph (a) if such clothing is cleaned within the works of which the building forms a part or in a laundry maintained and used solely in connection with such works. Description of Disease or Nature of Occupation injury Any occupation involving— 36. Poisoning by cadmium............... Any occupation involving exposure to cadmium fumes. SECTION 42—WORKMEN'S COMPENSATION REGULATIONS Regulations 31 August 1964 [in force I April 1965]. Legal Notices Nos. 34 of 1968, 77 of 1973, 108 of 1976, 62 of 1982. Short title 1. These Regulations may be cited as the Workmen's Compensation Regulations. Fees and charges 2. The fees and charges payable for the forms of medical aid described in the second column of the First Schedule to workmen in Fiji required to be prescribed under the provisions of section 34 of the Act, shall be— (a) where any such aid is rendered by any officer in the service of the Government, the fees shall be those prescribed under the Public Hospitals and Dispensaries Regulations; (b) where any such aid is rendered by a private practitioner, the fees and charges specified in relation to such aid in the third column of the First Schedule: Provided that where, in the case of any form of such aid, a fee or charge is specified in the First Schedule as a maximum fee or charge, such a fee or charge as is reasonable in the circumstances of the case shall be payable, not exceeding the specified maximum fee or charge. Notice of accident 3. The notice of an accident causing injury to, or the death of, a workman required by section 14 of the Act to be given by an employer shall be in the form set out in the Second Schedule. Claim for compensation 4. Where a workman has suffered an accident as a result whereof he has been injured or has died and thereby he or his dependants becomes or become entitled to claim compensation under the provisions of the Act, he or his dependants (as the case may be), or some person on his or their behalf, shall make any such claim in accordance with the form set out in the Third Schedule. Prescribed amount 5. The prescribed amount for the purposes of subsection (1) of section 29 of the Act shall be $150 per week. (Amended by Legal Notices 34 of 1968, 77 of 1973, 62 of 1982.) FIRST SCHEDULE SCALE OF FEES AND CHARGES FOR MEDICAL AID First Second (3nlumn (Inlumn I Visit of oatient to doctor Third Column $ c 1-00 2 Visit of doctor to patient ............................... 2-00 The fees for items I and 2 shall not be additional to the fees prescribed in item 3 in so far as the doctor consulted is concerned. 3 Consultation between doctors .......................... 4-00 The fees prescribed for item 3 shall be payable only to the doctor consulted, the consulting doctor being paid as for a visit. 4 Treatment of simple wounds (not requiring suture of tendons or nerves or ligature of large vessels) and simple burns...... 1-50 per attend- ance with a maximum charge of 4-00 Treatment of abscess— (a) Superficial . .. .. (b) Deep.......... 6 Treatment of infections of the hand— (a) Pulp infection................................... (b) Suppuration in tendon sheath ..................... (c) Suppuration (Primary or Secondary) of the mid- palmar or forearm space ......................... (d) Deep forearm suppuration following (a), (b) or (c) above ...................................... When any two or more of the conditions mentioned in this item result, the fee for the final condition only shall be payable. 7 Removal of foreign bodies (other than from the eye)— (a) Superficial foreign bodies not requiring incision...... (b) Superficial foreign bodies requiring incision ......... 2-00 12-00 4-00 16-00 20-00 40-00 8 Treatment of fractures— Simple— (a) Bones of the hand and foot except of cali (b) Rib or ribs.......................... (c) Clavicle............................ 2-OC 4-Ofl 12-(K 8-0( 12-0( Subsidiary Legislation First Column Second Column Third Column $ c 9 Treatment of dislocations— Simple— (a) Phalanges...................................... 10-00 (b) Metacarpal or Metatarsal ......................... 15-00 (c) Shoulder....................................... 15-00 (d) Clavicle (either end) ............................. 21-00 10 Treatment of joint injuries (other than dislocations)— Aspiration of joint .................................. 4-00 11 Amputations— Finger or toe....................................... 8-00 12 Paracentasis of chest .................................. 4-00 13 Eye— (a) Examination per visit, including ordinary treatment2-00 (b) Removal of superficial foreign body ................ 2-00 14 Ear, Nose and Throat— (a) Examination, per visit, including ordinary treat- As for ment.......................................... items I and 2 (b) Paracentesis of ear— (i) One ear .................................. 12-00 (ii) Two ears ................................. 16-00 (c) Maxillary antrum: Proof puncture......... 8-00 15 Drugs and dressings— Where drugs or dressings are necessarily and actually supplied by the attending practitioner, 10 per cent may be added where the total fee payable in respect of services rendered or visits made to a workman exceeds $4 except in the case of fracture, where 20 per cent may be added. 16 Vaccine and Sera— Where, in the course of the treatment of any injury or scheduled disease, it is necessary to administer vaccines or sera, the net cost thereof may be added to any fees payable under this Schedule. 17 Travelling— A fee of 20c for each mile travelled shall be allowed to a medical practitioner called upon to travel to a place more than three miles from his surgery. No fee shall be payable where the place visited is not more than three miles from the surgery. First Second Third Column Column Column 18 Attention subsequent to item for which fee is prescribed— The cost of all necessary attentions subsequent to any operation, in respect of which a fee has been prescribed in this Schedule of a period of six weeks after the operation shall be regarded as being included in such fee. 19 Where a fee for any service is prescribed herein, the medical practitioner shall not be entitled to payment calculated on a basis of visits or examinations made where such calculation would result in the prescribed fee being exceeded. L.D. FORM/C/I SECOND SCHEDULE WORKMEN'S COMPENSATION ACT (Substituted by Regulations 6th August, 1976) NOTICE BY EMPLOYER OF ACCIDENT CAUSING INJURY/DEATH TO A WORKMAN OR DEATH OF A WORKMAN FROM ANY CAUSE WHATSOEVER (SECTION 14—REGULATION 3) PART I 1. EMPLOYER— (i) Name ........................................................... (ii) Address......................................................... (iii) Industry or Business............................................... (iv) Name and address of Insurance Company, if insured against accident to workmen ....................................................... 2. WORKMAN— (i) Name . ................................. .. s/o. .. (ii) Sex............................................ (iii) Age.................... (iv) Occupation (avoid the term "labourer" where possible) (v) Residential Address Subsidiary Legislation 3. ACCIDENT/DEATH FROM ANY CAUSE WHATSOEVER— (i) Date and hour .................................................... (ii) Place............................................................ (iii) Description of accident/death including a clear statement of exactly what the workman was doing at the time of the accident/death ............... 4. AGENCY OF ACCIDENT— (Put X against appropriate Agency) D Electricity Q Person falling D Fire, Hot Substances Q Handling material D Power-driven Machinery D Hand tools in use D Flying Pieces Q Vehicles in motion D Stepping on or striking against objects D Animals D Objects falling Q Other causes (state what below) 51 INJURY— (i) Nature of injury (Put X against appropriate classification) D Fractured or crushed limbs D Concussion D Bruises, abrasions, contusions D Traumatic amputation D Cuts, lacerations D Asphyxiation, gassing D Punctures D Poisoning D Sprains, strains D Sepsis D Dislocations D Dermatitis D Foreign bodies D Not otherwise classified D Burns, scalds (state nature) Name of hospital or medical practitioner treating the injured workman (it) Action taken (iii) Location of injury (Put X against appropriate location of injury) Head Trunk Hand Leg Toe Eye Arm Fingers Foot Elsewhere 6. GROSS WEEKLY EARNINGS AT THE DATE OF THE ACCIDENT— Gross cash wage ......................................... Value of rations.......................................... Value of housing......................................... Value of fuel............................................ Overtime payment or other special remuneration for work done, whether by way of bonus or otherwise, if of constant character, and for work habitually performed.......................... Total gross earnings per week Date Signature of Employer. /*"* Notes—(1) In the case of injury to a workman involving incapacity for work for three or more consecutive days, it is requested that the employer complete Part I in quadruplicate and then despatch it immediately as under:— Original—To the Permanent Secretary for Labour, Suva. Duplicate, Triplicate, and Quadruplicate—To the medical practitioner attending or examining the injured workman. (2) In the case of an accident causing the death of a workman or death resulting from any cause whatsoever, Part I should be completed in quadruplicate and then despatched as in (1) above. ~ The submission of this notice does not itself constitute a liability to pay compensation. PART II (For use by the medical practitioner' attending or examining the injured workman) Date admitted to hospital . ... In-patient No............... Attendance as out-patient from Out-patient No.............. Nature of Injury ............ Discharged .. to. . .. .. * Permanent incapacity ........................................... per cent. * Temporary incapacity—Likely duration of absence from work (from date of accident)........................................ days/weeks/months. Is a further examination required before final assessment of permanent incapacity can be given? ............................................... If so, when.............................................................. Date............ ......................................... Medical Practitioner. Note—It is requested that this part be completed by the medical practitioner in triplicate, the form then being despatched as under:— One copy to the employer One copy to the Permanent Secretary for Labour, Suva One copy to be retained by the Medical Practitioner PART III (For use of Permanent Secretary for Labour) Compensation *is/is not being claimed on behalf of the *workman/dependants of the deceased workman. District and Accident Register No. ......................................... Station ................................................................. Date.......... ........................................... Secretary for Labour. * Delete as necessary Subsidiary Legislation L.D. FORM/C/2 THIRD SCHEDULE WORKMEN'S COMPENSATION ACT NOTICE OF CLAIM BY OR ON BEHALF OF A WORKMAN To0............,..............:....................................... Address ................................................................ NOTICE IS HEREBY GIVEN that(2) ...................................... of...................................................................... on theQ .................................. day of................ ,19...., at(*).................................................. met with an accident causing his(5> ................................................. and that the cause of the injury/death was (~ ............................................ AND NOTICE IS ALSO GIVEN that in consequence thereof compensation is claimed from you under the Workmen's Compensation Act. Dated this... ................................ day of. .......... 19...., 0..................................................................... Insert at— (') Name and address of employer. (') Full name, address and identity particulars of workman. (') Date of accident. (') Place of accident. (') Whether disablement or death. (') State in plain and ordinary terms the cause of the injury or death. (") Signature and address of person giving notice. SECTION 42—WORKMEN'S COMPENSATION (RULES OF COURT) REGULATIONS Regulations 7th Dec., 1964' [in force 1st April, 1965.], 6th Aug., 1976. Made by the Governor in Council Short title 1. These Regulations may be cited as the Workmen's Compensation (Rules of Court) Regulations. Interpretation 2. In these Regulations— "the Act" means the Workmen's Compensation Act. Forms. 3. The forms contained in the First Schedule shall, where applicable be used in matters or proceedings under the Act, with such variations and modifications as the circumstances may require. Court to assist parties 4. The court shall, upon request— (a) give information as to matters of form or procedure to any party to any proceedings under the Act and supply to any such party, who is not legally represented, any form required by these Regulations for use in matters or proceedings before a court; (b) fill in and make copies of any necessary forms whenever a party, who is not legally represented, is unable to do so owing to illiteracy, blindness, or other physical cause; (c) issue all necessary process. Address for service 5.—(1) The first document, lodged by a party with the court, shall bear such party's full name and such address as will enable service of notices and documents to be effected on him either by delivery or through the post. (2) Any change of address shall forthwith be notified by the party making such change, to the court and to the other party or parties to the proceedings. (3) Any address lodged by a party, in pursuance of paragraph (1), shall remain an address for service of such party from the date of lodging until forty-eight hours after any change thereof has been notified as prescribed in paragraph (2). Marking of documents 6. The court shall mark, with a number, the first document lodged with the court by an applicant, and any document lodged subsequently by any party in relation to that application shall first be marked with the same number by the party lodging it and, unless so marked, may be refused by the court. Records to be kept separate 7. The court shall file under their respective numbers and keep separate the records of all applications made under the Act. Application Record Book. 8. The court shall keep a book, to be called the "Application Record Book", which shall be in the form and contain the particulars set out in the Form No. 12 in the First Schedule. Return of determination 9. The court shall, within two weeks after the end of March, June, September and December in each year, furnish to the Permanent Secretary a return of all determinations made by the court during the preceding three months, and shall state in such return the nature of each application, the names of the applicant and the respondent, and the order made. Service of documents 10. Service of applications, answers, orders, notices and other documents which, by the Act or the regulations made thereunder, are required to be served on any person who resides in Fiji, or who has an address for service in Fiji or who has authorised a person resident in Fiji to accept service on his behalf shall be effected in accordance with the rules relating to service in proceedings in magistrates' courts. Application for determination II.—(1) A workman or an employer, who desires the determination of any question arising out of an accident in which compensation is or might be claimed, shall lodge with the court a written application in the prescribed form accompanied by particulars containing— (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; and (b) the full name and address of the applicant, and the name to have determined; and (2) If the application be made by an employer, it shall be accompanied by a statement whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability partially, a statement of the extent to which he admits or denies liability. In the case of a denial of liability, the grounds shall be stated. Service of copy application and notice 12. As soon as an application, together with the accompanying particulars and statements herein prescribed, has been lodged, the court shall cause a copy thereof to be served upon the respondent, together with a notice informing the respondent that he must lodge with the court such an answer as is prescribed in re |
