Friday, 2 December 2011

Workmen's Compensation: Injury at work

After reading this story on pg.35 of the Trinidad Express this morning, I am appalled by the treatment this woman is receiving despite clear legislation on the issue.

The Workmen's Compensation Act 1960 (as amended) is an Act to provide for the payment of compensation to workmen for injuries suffered during the course of employment.

Who is a "workman"?:
1. A person who has entered into or works under a contract of service or apprenticeship with an employer
2. Performs manual labour or otherwise
3. Contract is expressed or implied, oral or in writing
4. whether the remuneration is calculated by time or by work done
5. whether by the day, week, month or with reference to any other period whatever
6. includes a person engaged in fishing on board any fishing vessel

Exceptions are:

1. Members of the Protective Services (Coast Guards aren't specified, but I'm sure they would still fall into the category)
2. Family Members living in the same house
3. Non-manual workers who earn more than $5000 (five thousand TT dollars) a year. This goes to show how antiquated this legislation is, because minimum wage workers make TT$2000 a month.

2(5) - Any injury mentioned under the Second Schedule of the Act is seen as a permanent injury.

4(a) - Must be disabled for at least 3 days

4(2) - Regardless of fault by the employee, any death or serious and permanent dismemberment is the employer's responsibility.

Section 5 deals with what and how you should be paid.

Part X of the Act has copies of the specific forms to be used when corresponding with your employer on a claim for compensation.

Know your Rights!

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