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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!


  1. I will be making a year on the 17th of November .Am i entitle to take my vacation between the remainder of november n december or do i have to wait for nex yr to get my vacation?

  2. I will be making a year where i wrk on November 17th.Am i entitle to take my vacation between the rest of november and december or do i have to wait till next yr to get it?

    1. From November 18th, but your employer can still determine when you can take it

  3. My company recently hired an HR manager as we did not have an HR department previously. In terms of vacation, they wanted to implement that we only take vacation twice a year with the first 2/3 taken in one and the other 1/3 take after. This is quite frustrating and unfair. Is this legal. (privte company)

    1. Legal as long as it it an operational requirement to keep the company running smoothly.

  4. What is empacc deductions from workmen compensation?

    1. No clue what you're talking about.

    2. My husband got injured on work twice and no compensation what so ever he even lost piece of finger what can we so

  5. Please advise if it is a legal requirement for all businesses that employ persons to have Workmen's compensation

  6. Can a permanent disability % be droped or raised after being medically boarded?

  7. Can a employer send a permanent employee home on temporary relief at short notice? And reduce their salary by 50%.


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