The long awaited Workman’s Compensations Regulations have been passed.
The Workmen’s Compensation Regulations 2024
Workmen’s compensation is a concept that mandates compensation for workmen who are injured in the course of their employment. Workmen’s Compensation Act 1977 (the Act) as amended regulates the laws relating to such compensation and it also provides for payment of medical expenses incurred as a result of injury sustained in the line of duty.
Pursuant to section 44 of the Act the Minister may establish Regulations to give effect to the purposes and provisions of the Act. As per this provision, the Workmens Compensation Regulations 2024 (2) (the Regulation) as enacted by the Minister prescribes the fees or amount of compensation due for various injuries workers may endure. It repeals the Workmen’s Compensation Regulations of 1995.
The Regulation outlines categories of injuries for which the employee is entitled to compensation.
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DESCRIPTION |
AMOUNT |
| Compensation in Fatal Cases | Compensation shall not exceed (Two hundred and forty thousand five hundred maloti) M240 500.00, and it is awarded to the dependents of a workmen. The amount payable for the burial shall not exceed (Sixteen thousand and seven hundred maloti) M16 700.00 |
| Compensation in Case of Permanent Total Incapacity | Compensation shall not exceed (Two hundred and sixty-seven thousand two hundred maloti) M267 200.00 |
| Compensation in Case of Permanent Partial Incapacity | Compensation shall not exceed (Two hundred and sixty-seven thousand two hundred maloti) M267 200.00 |
| Medical Expenses | For medical, surgical hospital and skilled nursing services compensation shall not exceed (Thirty-three thousand maloti) M33 000.00. Compensation for repair of artificial limbs shall not exceed (sixteen thousand seven hundred maloti) M167 00.00. Lastly, the cost incurred during the travel of injured worker to and from treatment facility shall not exceed (Five thousand and ten maloti) M5010.00. |
In closing, the Regulations have increased the amount of compensation awarded for injuries sustained in the workplace to be abreast with current economic changes. By raising the ceiling of compensation as high as M240 500.00 in fatal cases and increasing the minimum amount of compensation payable to a workman injured due to an accident to M6010.00 the Regulations provide reasonable limits for workmen’s compensation.