Hurt at work

Who is covered

The Act applies to all industries that have one or more employees, but not to the persons described in its First Schedule.

Employees' Social Security Act s 3(1), (3)

Every industry the Act applies to must be registered with the Organization within the time and in the manner the regulations set.

Employees' Social Security Act s 4

Accidents that count

An accident that happens in the course of your employment is presumed to have arisen out of that employment as well, unless there is evidence to the contrary.

Employees' Social Security Act s 23

An accident is treated as arising out of and in the course of your employment if it happens while you are travelling:

• on a route between where you live or stay and your place of work
• on a journey made for any reason directly connected to your employment
• between your place of work and where you take your meal during an authorised break

Employees' Social Security Act s 24(1)

It is not treated that way if it happens during an interruption of, or a deviation from, that journey.

Employees' Social Security Act s 24(2)

If you work in an occupation described in the Act's Fifth Schedule and contract a disease or injury the Schedule links to it, or contract it within 60 months after leaving that occupation, it is treated as an employment injury unless the contrary is proved. The Organization can extend the 60 months on medical and other evidence.

Employees' Social Security Act s 28(1)

What you can receive

If you are temporarily disabled, you are entitled to periodical payments for the period of the disablement, but only if it lasts at least 4 days, counting the day of the accident.

Employees' Social Security Act s 22(a)

If you are permanently disabled, totally or partly, you are entitled to periodical payments, for a limited period or for life, depending on how the disablement was assessed.

Employees' Social Security Act s 22(b)

If you are so severely disabled that you constantly need someone to attend to you, a constant-attendance allowance can be paid while you receive disablement benefit or invalidity pension.

Employees' Social Security Act s 15(e)

If a worker dies

If an insured person dies as a result of an employment injury, dependants' benefit is paid to the widow or widower for life, and to each child until they marry or turn 21, whichever is earlier, except that for a child the Act describes as incapable of supporting themselves it continues for as long as that lasts.

Employees' Social Security Act s 26(1)

The Organization can continue a child's benefit while the child is in education at an institution of higher learning, up to a first degree, until the child completes it, stops, or marries.

Employees' Social Security Act s 26(1)(b)

Suing your employer

An insured person, or their dependants, cannot recover compensation or damages under any other law from the employer, or from the employer's servant, for an employment injury. That bar does not apply to a claim from a motor vehicle accident where the employer or the servant must be insured against third party risks under the Road Transport Act.

Employees' Social Security Act s 31