WEDNESDAY, JANUARY 11, 1984
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MR BRIDGE POINTED OUT THAT THE TIME TAKEN TO PAY COMPENSATION TO A WORKER INJURED IN THE COURSE OF HIS DUTIES DEPENDED ON THE NATURE OF HIS INJURIES.
WHATEVER THE NATURE OF HIS INJURY, HIS EMPLOYER WAS BOUND TO PAY HIM A SUM EQUIVALENT TO TWO THIRDS OF HIS MONTHLY SALARY FROM THE TIME HE WAS INJURED UNTIL HE RETURNED TO WORK OR, IN THE CASE OF PERMANENT INJURY, UNTIL HIS FINAL COMPENSATION HAD BEEN ASSESSED. THESE PAYMENTS MUST BE MADE WITHIN SEVEN DAYS OF HIS NORMAL PAY DAY.
THE SIMPLE PROCEDURE, HE CONTINUED, COVERED ABOUT 70 PER CENT OF ALL COMPENSATION CASES.
AS REGARDS THE 30 PER CENT INVOLVING MORE SERIOUS INJURIES OR PERMANENT INCAPACITY, THE POSITION WAS INEVITABLY MORE COMPLICATED.
IT WAS SOMETIMES IMPOSSIBLE FOR DOCTORS TO ASSESS THE DEGREE OF PERMANENT INCAPACITY UNTIL THE PATIENT HAD RECOVERED FROM ITS TEMPORARY EFFECTS. DEPENDING ON THE NATURE OF THE INJURY, THE PERIOD OF CONVALESCENCE REQUIRED, AND THE EMPLOYEE'S OWN WILLINGNESS TO FOLLOW STRICTLY MEDICAL ADVICE, IT MIGHT TAKE SOME TIME BEFORE THE DEGREE OF PERMANENT INCAPACITY COULD BE FULLY AND FAIRLY ASSESSED.
+THIS PERIOD CAN VARY GREATLY- ON AVERAGE IT IS ABOUT TWO MONTHS, BUT WITH MORE SERIOUS INJURIES IT CAN TAKE FOUR OR FIVE MONTHS, AND IN A FEW CASES MUCH LONGER, HE ADDED.
ONCE THE EMPLOYEES' COMPENSATION BOARD HAD BEEN ABLE TO ASSESS THE DEGREE OF PERMANENT INCAPACITY AND THE EMPLOYEE'S LOSS OF EARNING CAPACITY, MR BRIDGE CONTINUED, THE EMPLOYER WAS REQUIRED TO MAKE A COMPENSATION AGREEMENT WITH THE EMPLOYEE WITHIN 21 DAYS AND HE MUST THEN PUT THE AGREEMENT TO THE LABOUR DEPARTMENT WITHIN THREE DAYS.
THE LABOUR DEPARTMENT NORMALLY APPROVED THE AGREEMENT WITHIN NINE DAYS AND, ONCE IT HAD DONE SO, THE EMPLOYER MUST PAY THE BALANCE OF COMPENSATION WITHIN 21 DAYS.
WHEN THE EMPLOYER REFUSED TO ACCEPT LIABILITY OR DISPUTED THE AMOUNT OF COMPENSATION, THE DEPARTMENT TRIED TO CONCILIATE THE TWO SIDES AND ENCOURAGED THEM TO REACH A SETTLEMENT. IF THIS FAILED, THE DEPARTMENT PUT THE EMPLOYEE IN TOUCH WITH THE LEGAL AID DEPARTMENT, WHICH, GAVE HELP AND ADVICE AND, IF APPROPRIATE, HELPED THE EMPLOYEE PURSUE HIS CLAIM IN COURT.
IF, DESPITE PERIODIC PAYME
NTS, AN INJURED EMPLOYEE WAS
STILL IN FINANCIAL DIFFICULTY WHILE HIS INJURY WAS BEING ASSESSED OR WHILE HE WAS PURSUING HIS CLAIM IN COURT, THE DEPARTMENT WOULD PUT HIM IN TOUCH WITH THE SOCIAL WELFARE DEPARTMENT FOR HELP, MR BRIDGE ADDED.
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