72. The Ordinance applies to all manual workers regardless of the amount of their earnings and to all non-manual workers earning $700 or less a month. It does not cover outworkers, i.e. those who take work from a firm to do at home, or members of an employer's family living in his house, or domestic servants in a private household or persons employed casually and for purposes other than those of the employer's trade or business.
73. The workman or someone on his behalf must inform the employer of an accident as soon as possible. Where an employer learns of an accident whi has resulted in the death of or personal injury to one of his workmen, he hst give written notice of the accident or death to the Labour Department on form 2 (LD 27). Death due to causes other than an accident should also be reported to the Labour Department.
74. If the employer offers to have the workman examined free of charge by a registered doctor, the workman must subject himself to this examination; otherwise, he may lose his right to compensation.
75. Compensation claims in respect of fatal accidents covered by the Ordinance must be dealt with by a court. The Labour Department will advise dependants as to the steps which they should take. Other claims can be settled by agreement between employer and workman but require the covering approval of the Labour Department. Where agreement cannot be reached, claims are dealt with by a court.
76. In the event of death the amount of compensation payable varies with the degree of dependancy of the claimant or claimants on the deceased before his death. Where full dependancy is established, the compensation amounts to 36 months' earnings or $10,000 whichever is the less. In the case of injury the amount of compensation depends on whether or not the workman's incapacity is temporary or permanent, total or partial. Half wages are payable during total temporary incapacity subject to certain upper limits. If the incapacity is assessed to be total and permanent, the compen sation amounts to 48 months' earnings or $14,000 whichever is the less. Compensation for permanent partial incapacity is proportionate to the degree of incapacity assessed. For the purpose of compensation earnings include the value of free food and free accommodation provided by the employer, allowances, bonuses, special remuneration for work done, overtime payments of a constant nature, and customary tips.
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