Kenya Proclamations, Rules and Regulations, /956 THE WORKMEN'S COMPENSATION ORDINANCE. (Cap. 119)



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Transcription:

Kenya Proclamations, Rules and Regulations, /956 109 LEGAL NOTICE No. 63 THE WORKMEN'S COMPENSATION ORDINANCE (Cap. 119) (Lab. 24/5/5) IN EXERCISE of the powers conferred by section 42 of the Workmen's Compensation Ordinance, the Governor in Council of Ministers has been pleased to make the following Regulations:- THE WORKMEN'S COMPENSATION REGULATIONS, 1956 1. These Regulations may be cited as the Workmen's Compensation Regulations, 1956. 2. The notice of an accident required by section 13 of the Ordinance to be given by or on behalf of a workman shah be in the form set out in the First Schedule to these Regulations, 3. The notice of an accident causing injury to a workman required by section 14 of the Ordinance to be given by an employer shall be in the form set out in the Second Schedule to these Regulations. 4. The prescribed amount for the purposes of paragraph (b) (i) of the proviso to section 13 of the Ordinance, and for the purposes of sub-section (1) of section 29 of the Ordinance, shall be six hundred shillings per month. 5. The Workmen's Compensation Regulations, 1949, are hereby G.N. 1065 revoked. of 1949. FIRST SCHED ULE LD. Form los/i. COLONY AND PROTECTORATE OF KENYA THE WORKMEN'S COMPENSATION ORDINANCE (Cap. 119) NOTICE OF ACClDEI'.'T BY OR ON BEHALF OF A WORKMAN (For use in a claim for compensatioll on behalf of a workmal1 (or the dependants of a deceased workman).) To (I). II...... II... "' Address.... NOTICE IS HEREBY GIVEN that (2).................. "... Identity No......... on the (3)... day of..., 19.... at (4)..., met with an accident causing his (5)........ and that the cause of the injury I death was (6)....

110 Kenya Procla/l1ations, Rilles ant! Regula/wl/s, 1956 FIRST SCHEDULE--(COl/fd.) AND NO IKE IS HEREBY FURTHER GIVEN that in col1se:luence thereof compensation is claimed from you under the Workmen's Compensat ion Ordinance. Dated this... day of... 19... (7)..... Insert at- 0) name and address of employer; C~) full name. address and identity particulars of workman; (3) date of accident; (4) place of accident; (5) whether disablement or death; (6) state in plain and ordinary terms the cause of the injury or death; (7) signature and address of person giving notice. SECOND SCHEDULE COLONY AND PROTECTORATE OF KENYA L.D. Form 104/1. THE WORKMEN'S COMPENSATION ORDINANCE (Cap. 119) NOTICE BY EMPLOYER OF ACCIDENT CAUSIN(; INJURY TO. OR DEHH OF, A WORKMAN PART J Form of Noliee prescribed for the purposes of Sec/ion 14 of Ihe Workmen's Compensation Ordinance I. EMPLOYER (i) Name.. (ii) Address... "...,",...,... '... ',."..,.,... ' (iii) Industry or Business (iv) Name and address of Insurance Company, if insured against accident to workmen...,.',... """"""""

Kenya Proclamatiqns. Rules and RegulatJot1.$, 1956 2. WORKMAN- SECOND SCHEDULE-(comd.), 0) Name... ". (ii) Sex ~ '*.. ' ~ (iii) Age... ~.... (iv) Occupation (avoid the term "labourer" where possible)... (v) Address... '.... (vi) Identity Card No. (or other identity particulars).... 3. ACClDENT- (i) Date and hour..,...,.... (ii) Place Oi i) Ca lise of acc iden t.... (iv) If caused by machinery- (0) state name of the machine and part causing accident (h) state whether it was moved by mechanical power at the time.... (c) state exactly what the injured person was doing at the time...,... ".... 4. INJURY- (i) Was the injury fatal?.... (ii) Particulars (as known to employer)...,.... ; '* ~ ~ " (iii) To what hospital or medical practitioner was the injured wc1rkman sent? '....

112 Kenya Proclamations, Rules and Regulations, 1956 ----.-~.---.. -~.. ---.~.. -.~... ---.----... -.. --- SECOND SCHEDULE-(Contd.) 5. MONTHLY EARNINGS AT THE DATE OF THE ACCIDENT Cash wage (exclusive of overtime, bonus, etc. payments) Value of rations Sh...,.... Value of housing Value of fuel Overtime payment or other special remuneration for work done, whether by way of bonus or otherwise, if of constant character, and for work habitually performed Total earnings per month Date.... SiRnatllre of employer the case of injury to a workman involving incapacity for work for three or more consecutive days, it is requested that the employer complete Pari I ill triplicate and then despatch it immediately as under: NOle.~In Original.-To the Labour Otlicer or District Commissioner of the district in which the accident occurred. Duplicate and Triplicate.-To the medical practitioner attending or examining the injured workman. In the case of an accident causing the death of a workman, Part I should be completed in duplicate ~nd then despatched immediately as under:- Original and D/lplicate.~ To the Labour Officer or District Commissioner of the district in which the accident occurred.

Kenya Proclamations. Rules and Regulations. 1956 113 --- ~-~ - - - ---~~-~- ~~ ~ - ---------------------- SECOND SCHEDULE--(Contd,) PART II (For use by the medical practitioner attending or examining the injured workman.) Date admitted to hospital... Discharged.... In-patient No.....,........ Attendance as out-patient from... to.... Out-patient No...,...,.... Nature of injury.... * Permanent incapacity... per cent. '" Temporary incapacity.-likely duration of absence from work (from date of accident)... weeks/months." Is a further examination required before final assessment of permanent incapacity can be given?.... If so, when.... Date.... Medical Praclifioner. Nofe.-It is requested that this part be completed by the medical practitioner in duplicate, the form then being despatched as under:-- One copy to the employer. One copy to the Labour Officer or District Commissioner of the district in which the accident occurred. * Delete as necessary.

114 Kenya Proclamations. Rules and Regulations. 1956 SECOND SCHEDULE-(Colltd.) PART III (For use oj Labour Ofjicer/ District Commissioner.) Compensation *is/is not being claimed on behalf of the *workman/ dependants of the deceased workman. District and Accident Register No.... Station Dale.... Labour Offii:er / Distriel Commissioner. Delete as necessary. Made this 1st day of February, 1956. By Command of the Governor in Council of Ministers. T. C. COLCHESTER, Secretary to (he Council of Ministers.