1988 Ed.]

Employees' Compensation

ĮCAP. 282

11

(a) by or on behalf of his employer or by some other person pursuant to

arrangements made with his employer; and

(b) other than as part of a public transport service. (Added, 76 of 1982,

s. 5)

(6) For the purposes of this Ordinance an accident arising in the course of an employee's employment shall be deemed, in the absence of evidence to the contrary, also to have arisen out of that employment. (Added, 55 of 1969, s. 5) (Amended, 44 of 1980, s. 15)

Compensation in fatal cases

6. (1) Where death results from the injury, if the employee leaves any dependants wholly dependent on his earnings, the amount of compensation shall be--

(a) in the case of an employee under 40 years of age at the time of the

accident, a lump sum equal to 84 months' earnings or $345,000, whichever is the less;

(b) in the case of an employee of or over 40 years of age but under 56 years

of age at the time of the accident, a lump sum equal to 60 months' earnings or $345,000, whichever is the less;

(c) in the case of an employee of or over 56 years of age at the time of

the accident, a lump sum equal to 36 months' earnings or $345,000, whichever is the less. (Amended, L.N. 79/83; L.N. 321/85 and L.N. 390/87)

(2) The amount of compensation payable under subsection (1) shall in no case be less than $116,000. (Amended, L.N. 79/83; L.N. 321/85 and L.N. 390/87)

(3) Notwithstanding anything in subsection (1) or (2), where in respect of the same accident compensation has been paid under section 7 or 9, there shall be deducted from the sum payable under subsection (1) any sums so paid as compensation.

(4) Where death results from the injury, if the employee does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such sum, not exceeding in any case the amount payable under subsections (1), (2) and (3), as may be determined by the Court to be reasonable and proportionate to the injury to the said dependants.

(5) Where death results from the injury, if the employee leaves no dependants, the reasonable expenses of the burial of the deceased employee and the reasonable expenses of medical attendance on the deceased employee, not exceeding in all the sum of $3,000, shall be paid by the employer to any person to whom such expenses are due within 21 days after receipt by the employer of a request in writing by such person. (Amended, 76 of 1982, s. 5)

(6) Expenses due to any person under subsection (5) shall be recoverable as a civil debt in any court or tribunal of competent jurisdiction. (Added, 76 of 1982, s. 5)

(Replaced, 44 of 1980, s. 4)

Share This Page