Workmen's Compensation (CAP. 475 1

CHAPTER 475

THE WORKMEN'S COMPENSATION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.

Employers' liabilities for compensation.
Accidents happening while meeting emergency.
Employers not liable in certain cases.
Liability of employer for expenses of conveyance to place

of treatment and for other expenses of treatment.
To whom compensation payable.
Amount of compensation.
Additional compensation to injured workman to defray

cost of assistance during temporary incapacity.
Artificial limbs and apparatus.
Method of calculating wages.
Review of payments.
Cases in which employer may alter weekly or half-

monthly payment.
Distribution of compensatio~l on death.
Compensation not to be assigned, attached or charged.

16. Requirements as to notice of accident and claim for
compensation.

17. Payments to cease on workman ceasing to reside in
Antigua and Barbuda.

18. Medical examination after notice of accident.
19. Medical examination of workman receiving payments.
20. No compensation payable for period of suspension of

right.

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2 CAP. 475) Workmen's Compensation

21. Agreements for payment of compensation.
22. Sub-contracting.
23. Compensation for occupatiorlal diseases.

24. Compulsory insurance against workmen's compensa-
tion claims.

25. Conditions under which liability for payment by insurer
arises.

26. Registration of employers.

27. Alternative remedies.
28. Remedies against employer and stranger.

29. Proyisions as to cases of insolvency or bankruptcy of
employer.

30. Employer liable for compensation to disclose insurer.

31. Applicatioil to workmen in the employment of the
Crown.

32. Applicatioli to workmen in the employment of a local
authority.

33. Applicatiori to persons employed on ships.
34. Detention of ships.

35. Workman's right to apply for compensatioll if no
amount agreed in four weeks.

36. All claims to be determined by magistrate.
37. Application for compensation to be lodged with clerk

of court accompailied by particulars.
38. Copy of application and particulars to be served on

respondent.
39. Magistrate to have power and jurisdiction of magis-

trate's court.
40. Magistrate may adjourn hearing for twelve months

where there is doubt as to degree of incapacity.
41. Power of magistrate to submit questions of law.

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Workmen 's Compensation (CAP. 475 3

42. Appeals to Court of Appeal.
43. Provisions of Magistrate's Code of Procedure Act to "

apply to special cases and appeals.
44. Decisions of Court of Appeal in special cases and - .

appeals to be final.

45. No right to contract out ofact .
46. Appointment and remuneration of medical referee.
47. Application for reference to medical referee.
48. Employers to make returns of injuries.
49. Display of notice.
50. Regulations.
51. Enforcement.

SCHEDULE.

WORKMEN'S COMPENSATION

26/1986.
36/1986.
18/1989.

S.I. 39/1989.

1. This Act may be cited as the Workmen's Shorttitle.
Compe~lsation Act.

2. (1) In this Act-
"adult" and "minor" mean respectively a person who is Interpretation.

not and a person who is under the age of seven-
teen years;

"court" means the appropriate magistrate's court
determined in accordance with the provisions of
section 36;

"dependants" means such of a workman's family as
were wholly or mairlly dependent upon the wages
of the workman at the time of his death, or would

LAWS OF ANTIGUA AND BAR&UDA

4 CAP. 475) LVorkrnun :\ C,'omf)unst~lion

Cap. 269.

but for the incapacity due to the accident have
been so dependent; but a person is not deemed to
be mainly dependent on the wages of another per-
son unless he was dependent mainly o n contribu-
tions from that other person for provisions of the
ordinary necessaries of lift suitable fi)r persons in
his class and positio~i;

' ' employer" includes Her Majesty in Her Government
of Antigua and Barbuda and any person or body of
persons corporate or unincorporate and the legal
personal representative of a deceased employer,
and, where the services of a workman are tem-
porarily lent or let o n hire to another person by
the persol1 with whom the workman has entered
illto a contracr of' service or apprenticeship, the
latter shall filr the purposes of this Act, save as is
provided in s~tbsectio~l ( I ) of section 22, be
deemed to continue to be the employer of the
workman whilst he is working for that other person.

In relation to a persol1 engaged in plying for
hire with any vehicle or vessel, the use of which is
obtained by that person ~u lde r a contract of bail-
merit (other than a hire purchase agreement) the
person from whom the use of the vehicle or vessel
is so obtained shall be deemed to be the employer.

In (elation to a person, employed for the pur-
poses of any game or recreation and engaged or
paid by a clitb, the manager or members of' the
manag i~~g committee of the club shall, for the pur-
poses of this Act, be deemed to be the employer;

"manager" in relation to a ship means the ship's hus-
band o r other person to whom the management of
the ship is entrusted by or on behalf of the owner;

"medical practitioner" means a person registered to prac-
tise medicine and surgery under the Medical Act;

"medical referee" means a medical practitioner
appointed under section 46 as a medical referee
for the purposes of this Act;

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Workmen's Compensatzon (CAP. 475 5

"member of the family" means wife or husband, father,
mother, grandfather, grandmother, stepfather,
stepmother, son, daughter, grandson, grand-
daughter, stepson, stepdaughter, brother, sister,
half-brother, half-sister and shall include any child
or children, not specifically mentioned, living with
the deceased at the time of his death and wholly or
mainly dependent on his earnings; and such other
person as was at the time of the injury living in the
household of the worker and was wholly or mainly
dependent on his earnings;

"partial incapacity" means, where the incapacity is of a
temporary nature, such incapacity as reduces the
earning capacity of a workman in any employ-
ment in which he was engaged at the time of the
accident restilting in the incapacity, and, where the
incapacity is of a permanent nature, such incapac-
ity as reduces his earning capacity in every
employment which he was capable of undertaking
at that time:

Provided that every injury specified in the
Schedule shall be deemed to result in permanent Schedule.
partial incapacity;

"ship", "vessel" and "seaman" shall have the same
meaning as in the Antigua and Barbuda Merchant
Shipping Act;

"total incapacity" means such incapacity whether of a
temporary or permanent nature, as irlcapacitates
a workman for all work which he was capable of
performing at the time of the accident resulting
in such incapacity:

Provided that permanent total incapacity
shall be deemed to result from the permanent
total loss of the sight of both eyes or from any com-
birlation of injuries specified in the Schedule
where the aggregate percentage of the loss of
earning capacity, as specified in the Schedule Schedule.
against these injuries, amounts to one hundred
per cen tum;

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6 CAP. 475) Workmen :r. C,bmpen.r.nsntion

"wages" includes any privilege or benefit which is capable
of being estimated in money, other than a travelling
allowance or the value of any travelling concessio~l
or a contribution paid by the employer of a workman
towards any p e ~ ~ s i o n o r provident fund or a sum
paid to a workman to cover any special expenses
entailed on him by the nature of his employment,
or remuneration for overtime not habitually per-
formed or remurierated at a special rate;

"workman", subject to the exceptiorls hereinafter
mentioned, means ally person who has entered
into or works under a contract of service or
apprenticeship with ari employer, whether by way
o l manual labour, clerical work or otherwise, and
whether [he contract is expressed or implied, is
oral o r in wriling and whether the remu~leration is
calculated by time or by work done:

Provided that the following persons shall be
excepted from the definition of workman, that is
to say-

( a ) any person employed otherwise
than by way of manual labour whose earnings
exceed twenty-five thousand dollars a year or
such sum as may from time to time by order
be fixed by the Cabinet:

(11) a person whose employment is of a
casual nature and who is employed otherwise
than for the purposes of the employer's trade
or busi~iess, not being a person employed for
the purposes of any game or recreation and
engaged o r paid through a club;

((.) an outworker, that is to say, a person
to whom articles o r materials are given out
to be made up, cleaned, washed, altered,
ornamented, finished o r repaired or adapted
for sale in his own home or or1 other premises
11ot under the control or management of the
person who gave out the articles or materials;

( d ) a member of the employer's Family
dwelling in his house;

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Workmen's (:ornp~nsation (CAP. 475 7

( e ) members of the Police Force, includ-
ing special and additional constables;

(/) a person il l the civil employment
of Her Mqjesty otherwise than in Her
Government of Antigua and Rarbuda, who
has been engaged in a place out5ide Arltiglia
and Barbuda;

(g ) a person in the naval, military or air
service of the Crown.

(2) Any reference to a workman who has been iujured
shall, where the workman is dead, include a reference to his
legal personal representative or to his dependants or other
person to whom or for whose bellefit compensation is
payable.

( 3 ) If on any proceedings for the recovery of cornpen-
sation under this Act it appears to the court by whom the
claim to compensatio~l is to be settled that the contract of
service or apprenticeship under which the injured person
was working at the time when the accident causing the
injury happened, was illegal, the court may, if having regard
to all the circumstances of the case it thinks proper so to do,
deal with the matter as if the injured person had at the ~ i m e
aforesaid been a person working runder a valid contract of
service or apprenticeship.

3. ( 1 ) If in any employme~lt a workman suffers per- Employers'
liabilities for

sonal injury by accident arising out of and in the course of compensation.
such employment his employer shall be liable to pay com-
pensation in accordance with the provisions of this Act:

Provided that the employer shall not be so liable tinder
this Act for such compe~lsation should-

( a ) the injury not result in the total o r partial
illcapacity of the workman for a period exceedi~lg
three days;

(0) the accident be proved to be attributable to
the workman's own serious and wilful misconduct
which shall include-

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 475) IZbrkmen 5 Compensation

(i) his being under the influence of drugs or
intoxicating drink; or

(ii) a coiltravention of any law, regulation or
order, whether statutory or otherwise,
expressly made for the purpose of ensuring
the safety or health of workmen, or of pre-
venting accidents to workmen, if the contra-
vention was committed deliberately or with a
reckless disregard of the terms of such law,
regulation or order; or

(iii) the wilful removal or disregard by the work-
man of any safety guard or other device which
hc knew to have been provided for the pur-
pose of securing the safety of workmen; or

(iv) ally other act or omission which the court
may, having regard to all the circumstances of
an accident, declare to be serious and wilful
misconduct;

( 6 ) it be proved that the accident would not have
occurred, or in so far as the incapacity or death would
not have been caused, but for a pre-existing diseased or
injured condition of the workman;

(d) death or incapacity resulting from personal
injury if the workman has at any time represented to
the employer that he was not suffering from that or a
similar injury, knowing that the representation was false.

(2) An accident resulting in the death or total and per-
manent incapacity of a workman shall be deemed to arise
out of and in the course of his employment and the employer
shall be liable to pay compensation notwithstanding that the
workman was at the time when the accident happened act-
ing in contravention of any statutory or other regulation
applicable to his employment, o r of any orders given by or
on behalf of his employer, or that he was acting without
instructions from his employer, if such act was done by the
workman for the purposes of and in connection with his
employer's trade or business.

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Workmen's Compensation (CAP. 475 9

4. An accident happening to a workman in o r about Accidents
happening

ally premises at which he is for the time being employed for while ,,,ting
the purposes of his employer's trade or business, shall be emergency.
deemed to arise out of and i11 the course of his employmerlt
and the employer shall be liable to pay compensation, if the
accident happens while he is taking steps on an actual or
supposed emergency at these premises, to rescue, succour
or protect persons who are, or are thought to be o r may
possibly be, injured or imperilled, or to avert or minimise
serious damage to property.

5. Notwithstanding anything in this Act, no compen- Employers not
liable in certain

sation shall be payable under this Act in respect of any cases.
injury directly or indirectly sustained as a result of war, inva-
sion, act of foreign enemies, hostilities or warlike operations
(whether war is declared or not) civil war, mutiny, insurrec-
tion, rebellion, revolution, conspiracy or military or
usurped power.

6. (1) In every case where injury arising out of and Liability OF
employer for

in the course of his em~lovment has been sustained bv a expensesof
L ,

workman the employer shall irrespective of whether the z::eey
workman is disqualified for compensation under the provi- treatment and

for other sions of paragraph ( a ) of subsection (1) of section 3 be expensesof
liable to pay to the workman or to any other person advanc- treament.
ing the same, the reasonable expenses of conveying, where
necessary, the injured workman from the place of the acci-
dent to the place of treatment and thence to his residence.

(2) Where medical treatment or examination is imme-
diately required as a result of bodily injury (includillg fatal
injury) to a workman arising out of and in the course of his
employment and the treatment or examination so required
(in this section referred to as "emergency treatment") is
effected by a medical practitioner, the employer shall irre-
spective of whether the workman is disqualified for compen-
sation under the provisions of paragraph (a) of subsection
(1) of section 3 be liable to pay to the practitioner-

(a) a fee prescribed by regulatio~ls made under
this Act in respect of each workman in whose case the
emergency treatment is effected by the practitioner, and

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 475) Workmen S C;ompensation

(b) a sum in respect of any distance which the
practitioner must cover in order to proceed from the
place whence he is summoned to the place where the
emergency treatment is carried out by him and to
return to the first mentioned place, equal to the travel-
ling allowance paid by Government to officers in the
employment of Government:

Provided that the minimum sum to which the
medical practitioner shall be entitled shall not in any
case be less thali the amount to which the practitioner
would be entitled had he travelled a distance of two
miles.

(3) The employer shall, irrespective of whether the
workrna~~ is disqualified for compensation under the provi-
sions of paragraph ( ( 1 ) of subsection (1) of section 3, be
liable to pay LO the workman or to any other person provid-
ing the same he reasonable cost, charges and expenses
(which shall include travelling expenses necessary as a
result of periodic medical treatment prescribed by a medi-
cal practitioner and also expenses incurred by the workman
in establishing his claim to compensation, provided he does
so successfully) in respect of any medical treatment given to
the workman in consequence of any personal injury sus-
tained by him and arising out of and in the course of the
workman's employment by that employer, such cost, charges
and expenses being adjusted to the workman's station in life
and his actual physical condition occasioned by the injury
and not exceeding in respect of medical treatment as an out-
patient one thousand dollars.

To whom
compensation

7. (1) The compensation shall be payable to or for
payable. the benefit of the workman, or where death results from the

injury, to or for the benefit of his dependants, as provided
by this Act.

(2) Where there are both total and partial dependants
nothing in this Act shall be construed as preventing the
compensation being allotted partly to the total and partly to
the partial dependants.

Amount of
compensation.

8. (1) Subject to the provisions of this Act, the
amount of compensation shall be as follows, namely-

LAWS OF ANTIGUA AND BARBUDA

Workmrn ic. (:o,mj)m,st~tion (CAP. 475 I I

(a) where death res~llts from the inj~lry the actual
cost of the burial of the deceased workman and i l l addi-
tion-

(i) if the workman leaves a dependant or depen-
dants wholly dependent upon his earnings, a
sum equal to forty-two months' wages or fifty
thousand dollars whichever is the less;

(ii) if the workman does not leave a dependant or
dependants wholly dependent upon his earn-
ings but leaves a dependant or dependants
mainly so dependent, such sum not exceed-
ing the amount of compensation payable
under the preceding sub-paragraph as may be
agreed upon, or in default of agreement as
may be awarded by the court to be reasonable
and proportionate to the injury to the said
dependant or dependants;

(O) where permanent total incapacity result from
the injury-

( i ) in the case of an adult, a sum equal to fifty-
four months' wages or sixty thousand dollars
whichever is the less;

( i i ) in the case of a millor, a sum equal to one
h~undred and eight months' wages or sixty
thoilsalld dollars whichever is the less;

((.) where permanent partial incapacity results
l'ro~n the i~!jury-

( i ) in the case of all injury specified i l l the
Schedule such percentage of'the compensation Schedule.
which wotlld have been payable in the case of
permanent total incapacity as is specified
thereill as being the percentage of the loss of
earning capacity caused by that inj~lry; and

( i i ) in the case o f an injury not specified in the
Schedille, such percentage of the compensa-
tion payable in the case of permanent total
incapacity as is proportionate to the loss of
earning capacity perma~ie~ltly caused by the
i~?jt~ry:

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12 CAP. 475) Workmen 's Compensation

Provided that such compensation may be
increased by such an amount as may be
agreed upon or in default of agreement as
may be awarded by the court, having regard
to the nature of the injury sustained in rela-
tion to the type of work and other circum-
stances of the workman.

Where more injuries than one are caused by the same
accident, the amount of compensation payable under this
head shall be aggregated, but not so in any case as to exceed
the amount which would have been payable if total incapacity
had resulted from the injuries;

(d) where temporary incapacity, whether total or
partial, res~rlts fi-om the injury-

(i) in the case of a weekly paid adult a sum equal
to seventy-five per centum, and in the case of
a weekly paid minor a sum equal to eighty per
centum, of the weekly wages of such adult or
minor, as the case may be, payable on the
eighth day from the date of the incapacity
and thereafter weekly during the incapacity
or during a period of five years, whichever
period is shorter;

(ii) in the case of a monthly paid adult a sum
equal to thirty-seven and a half per centum,
and in the case of a monthly paid minor a
sum equal to forty per centum, of the monthly
wages of such adult o r minor, as the case may
be, payable on the sixteenth day from the date
of the incapacity and thereafter half-monthly
during the incapacity or during a period of
five years, whichever period is shorter.

(2) The period of incapacity shall be deemed to com-
mence on the day of the accident.

( 3 ) In the event of permanent total or permanent par-
tial incapacity following temporary incapacity no deduction
shall be made from any lump sum payable in respect of such
permanent total or permanent partial incapacity by reason

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I/lbrkmen's Compensation (CAP. 475 13

of weekly or half-monthly payments having been made
during temporary incapacity.

(4) On the ceasing of the incapacity before the date on
which any weekly or half-monthly payment falls due, there
shall be payable in respect of that period a sum proportion-
ate to the duration of the incapacity in that period.

9. (1) Where in the opinion of a rnedical practition- Additional
compensation to er a workman's temporary incapacity, whether total or par- injuredworkman

tial, is such that he requires the constant assistance of ~&P,";,",Y%$
another person during his incapacity, additional compensa- temporary
tion shall be paid to the workman during such incapacity at
a rate being not more than fifty per centum of the rate pre-
scribed in section 8.

(2) Before any person is employed to assist a workman
under subsection (1) the opinion of a medical practitioner
shall be sought as to the nature of the assistance required
and the probable duration thereof.

10. (1) An employer shall be liable to supply artifi- &:",$,".:,"z
cia1 eyes and dental appliances to a workman whenever the

A A

necessity for such artificial eyes or dental appliances is the
result of an accident arising out of and in the course of the
employment of the workman by that employer.

(2) Where an accident arising out of and in the course
of his employment has caused the loss of a limb or other
mutilation alld the supply of artificial member or members
and apparatus will improve the earning capacity of an
injured workman, such artificial member or members and
apparatus shall be provided at the expense of the employer
and the rate of compensation payable shall be reduced in
proportion to the improvement in earning capacity result-
ing from the use of the artificial member or members and
apparatus.

( 3 ) The court may order an employer to pay for the
replacement or repair of artificial member or members and
apparatus damaged as a result of an accident, arising out of
and in the course of a workman's employment by that
employer.

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14 CAP. 475) Workmun 's (,'omf)msc~tion

Method of 11. ( 1 ) For the purposes of sectio~l 8 the wages of a
calculating wages.

workman shall be calculated as follows, namely-

(a) in the case of a weekly paid workman-

( i ) where the workman has during a conti~luous
period of' not less than twelve months imme-
diately preceding the accident, been in the
service of the employer who is liable to pay
compensation, the weekly wages of the work-
man shall be one fifty-second of the total
wages which have fallen due for payment to
him by the employer in the last twelve months
of that period;

( i i ) in other cases, the weekly wages shall be sevell
times the total wages earned in respect of the
last continuous period o f service immediately
preceding the accident from the employer
who is liable to pay compensation divided by
the number of days comprising such period;

( O ) in the case of monthly paid workman-

(i) where the workman has, during a continuous
period of not less than twelve months imme-
diately preceding the accident been in the
service of the employer who is liable to pay
compensation, the monthly wages of the
workman shall be one-twelfth of the total
wages which have fallen due for payment to
him by the employer in the last twelve months
of that period;

(ii) in other cases, the monthly wages shall be
thirty times the topal wages earned il l respect
of the last continuous period of service imme-
diately preceding the accident from the
employer who is liable to pay compensation
divided by the number of days comprising
such period:

Provided that-

( i ) where by reason of the shortness of the time
during which the workman has been in the
employment of an employer or the casual

LAWS OF ANTIGUA AND BARBUDA

Workmen (;omfien.st~tion (CAP. 475

nature of the employment, or the terms of
the employment, it is impracticable at the
date of the accident to compute a rate of
remuneration which would be representative
of the workman's average weekly or monthly
earnings, regard may be had to the average
weekly or monthly amount which, during the
twelve months previous to the accident, was
earned by a person of average diligence or
ability in the same category employed at the
same work by the same employer, or, if there
is no such person who was so employed, by
such a person in the same category employed
in the same class of employment and in the
same district;

(ii) where in ally case it seems more equitable
compensation may be awarded, having regard
to the earnings of the workman at the time of
the accident.

(2) A period of service shall, for the purpose of this
section, be deemed to be continuous which has not been
interrupted by a period of absence from work exceeding
fourteen days.

12. (1) Any weekly or half-monthly payment payable Retiewof
payments

under this Act either under an agreement between the par- -
ties or under an order of a court may be reviewed by a court
on the application either of the employer or of the work-
man if-

( a ) where the review takes place more than six
months after the accident, it is claimed and proved
that, had the workman remained uninjured and con-
tinued in the same class of employment as that in
which he was employed at the date of the accident, his
average weekly or monthly earnings during the twelve
months immediately preceding the review would, as a
result of fluctuations in rates of remuneration, have
been greater or less by more than twenty per cent than
his average weekly or monthly earnings during the
twelve months previous to the accident (or if the weekly
or half-monthly payment has been previously varied on

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16 CAP. 475) Workmpn 's (:omf)msntion

a review during the twelve months previous to that
review or the last of such reviews), the weekly or half-
monthly payment shall be varied so as to make it such
as it would have been if the rates of remuneration
bbtaining during the twelve months previous to the
review had obtained during the twelve months previous
to the accident;

( b ) there has heen a change i l l the coliditioll of
the workmall, in which case the application shall be
accompanied by the certificate of a medical practition-
er, or silhject to regulatiotis made ililder this Act, an
applicatioil made without such certificate.

(2) Ally weekly or half-monthly payment may, on
rcvicw u~itler this section, subject to the other provisions of
this Act, bc co~itil i i~ed, increased, decreased or ended, or if
the incapacity is fi)und to have resl~lted it1 permanent inca-
pacity, be co~lvel-ted to the lump sum to which the workman
is entitled.

Cases in which
employer may 13. An employer shall not he entitled otherwise than
alterweeklyor ill pursualice of all agreement to end or dimi~iish a weekly
half-monthly
payment. or half-monthly payment except in the following cases-

(1) where a workman in receipt of a weekly or half-
monthly payment i l l respect of total incapacity has actilally
retur~led to work;

(2) where the medical practitiotier who has examined
the workman iulder section 18 or, ill his abselice, ally other
medical practitioner has certified that the workmall has
wholly or partially recovered, or that the incapacity is 11o
longer due in whole or in part to the accident, and a copy of
the certificate (which shall set out the grounds of the opin-
ion of the medical practitioner) together with notice of the
intention of the employer from the date of the service of
the notice to end the weekly or half-molithly payment, or to
diminish it hy such amowit as is stated ill the notice, has
been served by the employer upon the workman:

Provided that-

( a ) in the last melitiolled case, if hefi)re the expi-
ration o f tell clear days from the date of the service of

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Workmun :> (:omf)m,stction (CAP. 475 17

the notice, the workman sends to the employer the
report of allother medical practitioner (which report
shall set out the ground of his opinion) disagreeing
with the certificate so served by the employer, the week-
ly or half-monthly payment shall not be elided or
diminished except in accordance with such report, or if
and so Ear as the employer disputes such report except
in accorda~ice with the certificate given by a medical
referee in pursuance of section 47; and

(I?) where an application has been made in pnr-
suance of the said section 47 to refer the dispute to a
rnedical referee it shall be lawf~~l for the employer,
peliding the settlement of the disputc to pay into
court-

(i) where the notice was a notice to end the
weekly or half-monthly payment, the whole of
each weekly or half-monthly payment becom-
ing payable in the meantime;

(ii) where the notice was a notice to diminish the
weekly or half-mo~lthly payment, so much of
each weekly or half-monthly payment so
payable as is ill dispute; and the sum so paid
into court shall, o n the settlenie~it of the dis-
pute, be paid to the employer or to the work-
man, accordilig to the effect of the certificate
of'the medical referee, or, if the effect of that
certificate is dispi~ted as i l l default of agree-
ment, rnay be determined by the court or, o n
appeal by a Judge of the High (:ourt;

(4 nothing ill this section shall be construed as
anthori~ing an employer to end or diminish a weekly
or half-monthly payment ill ally case in which, or to an
extent to which, apart from this section he would not
be entitled to do so.

14. (1) Compensation payable where the death of a ~ ~ ~ ~ ~ ~ ~ ~ ' ~ ~ n
workman has resulted from an injury shall be paid into death,
court, and any sum so paid in shall be apportioned among
the dependants of the deceased workman or any of them in
such proportion as the court thinks fit, or may, in the discre-
tion of the court be allotted to any one such dependant,
and the sum so allotted to any dependant shall be paid to

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 475) Workm~n 1s (;ornf)m.snlion

him or be invested, applied or otherwise dealt with Sor his
benefit it1 such manner as the court thinks fit.

(2) Compensation payable where perma~lent i~lcapaci-
ty has resillted fiom all i~~j i i ry shall be paid into court and
ally slim so paid shall he paid to the persol1 entitled thereto
or be invested, applied or otherwise dealt with f i ~ r his belle-
fit ill such manner as the court thinks fit.

(3) Any other compe~lsatio~l payable imder this Act
may be paid into court and, when so paid in, shall he paid
by the court to the person entitled thereto.

(4) The receipt of the clerk of the court shall be suffi-
cient discharge in respect of any amount paid in under the
provisions of this Act.

(5) 011 the payment in of any money under s~tbsectio~l
(1 ) the court may deduct therefrom the actilal cost of the
burial of the deceased workman, and pay the same to the
person by whom s ~ ~ c h expenses were i~lcilrred, and shall, if
it thinks necessary, cause notice to be piiblished, o r to be
served on each dependant in such manner as it thinks fit
calling upon the depe~ida~l t s to appear befbre it on such
date as it may fix for determining the distrihutio~l of the
compensation. If the coilrt is satisfied, after any inquiry
which it may deem necessary, that I I ~ dependant exists, the
court shall repay the balance of the money after dedi~ction
of hospital and other medical expenses inc~lrred to the
employer by whom it was paid. The conrt shall, o11 applica-
tion by the employer, filrnish a statement showing in detail
all dish~lrsements made.

( 6 ) Where a weekly or half-monthly payment is payable
~ lnde r this Act to a workman ilnder ally legal disability, the
court may, of its ow11 motion or on application made to it in
this behalf, order that such weekly or half-~no~lthly payment
be paid during the disability to any dependant of the work-
man or to any other person whom it thinks best fitted to
provide for the welfare of the workman.

(7) Where, on application made to the court in this
behalf o r otherwise, the court is satisfied that, on account of
neglect of children on the part of a parent, or o11 accoii~lt of

LAWS OF ANTIGUA AND BARBUDA

Workmen's Compensation (CAP. 475 I 5)

the variation of the circumstances of any dependant, o r for
any other sufficient cause, an order of the court as to the
distribution of any sum paid as compensation or as to the
manner in which any sum payable to any such dependant is
to be invested, applied o r otherwise dealt with, ought to be
varied, the court may make such order for the variation of
the former order as it thinksjust in the circumstances of the
case:

Provided that no such order prejudicial to ally person
shall be made ullless such person has been given an oppor-
tunity of showing cause why the order should not be made,
or shall be made in any case in which it would i~lvolve the
repayment by a dependant of ally sum already paid to him.

(8) The solicitor or agent of a person claiming com-
pensation under this Act shall not be entitled to recover
from him any costs in respect of such claim or to claim a
lien in respect of such costs on, o r deduct such costs from,
the sum awarded or agreed as compensation, except such
sum as may be awarded by a court, subject to regulations
made under this Act, on an applicatio~~ made either by the
person claiming compensation, or by his solicitor or agent,
to determine the amount of the costs to be paid to the
solicitor or agent.

15. Save as provided by this Act, no lump sum or Compensation
not to be assigned, weekly or half-monthly payment payable under this Act shall attached, or

be capable of being assigned, charged o r attached o r shall charged.
pass to ally persoli other than the workman by operation of
law, nor shall any claim be set off against the same.

16. (1) Proceedings for the recovery under this Act Requirements*
to notice of acci-

of compensation for ally irljury shall not be maintainable dentandclaim for
iuiless- compensation.

( (1) written or oral notice of the accident has been
give11 as soon as practicable after the happening there-
of;

( O ) written or oral notice of the accident has been
given before the workman has volu~ltarily left the
employment i l l which he was injured;

LAWS OF ANTIGUA AND BAREUDA

20 CAP. 475) Workmen 3 Compensation

(c) the claim for compensation with respect to
such accident has been made within six months from
the occurrence of the accident causing the injury;

(d) in the case of death the claim for compensa-
tion has been made within six months after the date of
death or within six months after the date of the acci-
dent;

( e ) in the case of death occurring more than six
months after the accident causing injury, a claim for
compensation has been made by the workman within
six months of the accident:

Provided that-

(i) any defect or inaccuracy in such notice shall
not be a bar to the maintenance of such pro-
ceedings if it is found in the proceedings for
settling the claim that the employer is not, or
would not, if an amended notice were then
given and the hearing postponed, be preju-
diced in his defence by the defect or inaccu-
racy or that such defect or inaccuracy was
occasioned by mistake, absence from Antigua
and Barbuda or other reasonable cause;

(ii) the failure to make a claim within the period
specified shall not be a bar to the mainte-
nance of such proceedings if it is found that
the failure was occasioned by absence from
Antigua and Barbuda or other reasonable
cause;

(iii) the failure to give such notice or make a claim
within the period specified shall not be a bar
to the maintenance of such proceedings if
there be an acknowledgement in writing,
signed by the employer or his authorized
agent, that he waives compliance with the
provisions of this section and the said provi-
sions shall be deemed to be waived to the
extent set out in such acknowledgement;

(iv) if the employer or his authorized agent
admits liability to pay compensation, it shall
not be necessary for the workman to give any

LAWS OF ANTIGUA AND BARBUDA

Workmen 's Coml,en.cc~/iori (CAP. 475 2 1

such notice, and the clair~~ 1 0 1 - conrpcllsatiotl
may be made witllili t11rt.c. tnol~ths alter the
date of the admissioti of'liability;

(v) the want of a ~ioticc shall not be a bar to the
n~aintenancc of p~ o c cedings if the employer
is proved to have had knowledge of the acci-
dent from any otllcr source at or about the
time of thc accident.

(2) Notice in respect of an irljury under this Act may be
given to the employer (or if there is more lhali one etnployer
to one of such employers) or to any forernall or other official
under whose super-vision the workman is employed, or to
any person designated for the purpose by the employer, and
shall give the name and address of the person injured, and
shall state in ordinary language the cause of the injury and
the date at which the accident happened.

(3) The notice, if in writing, may be given by delivering
the same at or sending it by the post in a registered letter
addressed to the residence or place of business of the
person to whom it is to be given.

(4) Where the employer is a body of persons, corpo-
rate or unincorporate, the notice, if in writing, may also be
given by delivering it or by sending it by post in a registered
letter addressed to the employer, at the office, or if there be
more than one office, any one of the offices of such body.

( 5 ) The workman shall, if required by his employer,
supply to him such further particulars of the accident and
of the injury as the employer may reasonably require.

(6) Any person making a false declaration, knowing it
to be false, for the purpose of obtaining compensation shall
be guilty of an offence against this Act and shall be liable on
summary conviction to a penalty not exceeding one
thousand dollars.

17. If a workman receiving a weekly or half-monthly Payments to cease on workman ceas-
payment ceases to reside in Antigua and Barbuda, such ingtoresidein
weekly or half-monthly paymen~s shall thereupon be g:f":ayd
redeemed by a lump sum to be determined by agreement

LAWS OF ANTIGUA AND BARBUDA

22 CAP. 475) Workmen 's Compensation

between the parties and if the parties cannot agree, as may
be determined by a court on the application of either
party.

Medical examina-
tion after notice

18. (1) Where a workman has given notice of an
ofaccident. accident or where an accident has occurred in respect of

which the necessity of giving notice under this Act is dis-
pensed with, he shall, if so required by the employer, submit
himself for examination by a medical practitioner provided
and paid by the employer.

(2) The workman shall, when required, attend upon
that medical practitioner at the time and place notified to
the workman by the employer, provided such time and
place is reasonable.

(3) 111 the event of the workman being, in the opinion
of any medical practitioner whatever, unable or not in a fit
state to attend on the medical practitioner named by the
employer, that fact shall be notified to the employer, and
the medical practitioner so named shall fix a time and place
for a personal examination of the workman and shall send
him notice accordingly.

(4) If the workman refuses or wilfully neglects to sub-
mit himself to such examination, o r in any way wilfully
obstructs or unnecessarily delays such examination, his
right to compensation and to take or prosecute any pro-
ceedings under this Act in relation to compensation, shall
be suspe~ided until such examina~ioii has rake11 place.

(5) The workman shall be entitled to have his own
medical practitioner present at such examination, but at his
own expense.

(6) Where the workmall is not attended by a medical
practitioner he shall, if so required by the employer, submit
himself for medical treatment by a medical practitioner
selected by the employer without expense to the workman.

(7) If the workman has refused to submit himself to
treatment by a medical practitioner when so required under
the provisions of subsection (6), or having submitted himself

LAWS OF ANTIGUA AND BARBUDA

Workmen 's Compensation (CAP. 475 23

to such treatment has disregarded the instructions of the
medical practitioner, then if it is thereafter proved that the
refusal or disregard was unreasonable in the circumbtances
of the case and that the injury has been aggravated thereby,
the injury and resulting incapacity shall be deemed to be of
the same nature and duration as they might reasonably have
been expected to be if the workman had submitted himself
to treatment by, and duly carried out the instructions of the
medical practitioner, and compensation, if any, shall be
payable accordingly.

(8) Where a claim for compensatio~l is made il l respect
of the death of a workman, the11 if the workmall had refused
or wilfully neglected to submit himself to examination by a
medical practitioner when so required under the provisions
of this section, or had wilfully obstructed or unnecessarily
delayed the examination or had refused to submit himself
to treatment by a medical practitioner when so required
under the provisions of this section or, having submitted
himself to treatment, had disregarded the instructions of
the medical practitioner, and if it is thereafter proved, that
the refusal, neglect, obstruction, delay or disregard was
unreasonable in the circumstallces of the case and that
death of the workman was caused thereby, the death shall
not be deemed to have resulted from the injury and no
compe~lsatiorl shall be payable.

Medical examina- 19. Any workman receiving weekly or half-monthly .
tton of workman

payments under this Act shall, if so required by the employ- ,ece;v;ngpay-
er, from time to time but at reasonable intervals, submit merits,
himself for examination by a medical practitioner provided
and paid by the employer and the provisions of section 18
shall apply to any such examination.

20. Where under this Act a right to compensatio~l is ~ ~ ~ ' ~ b ~ ~ ~ d
suspended no compe~lsation shall be payable in respect of ofsuspensionof
the period of suspension. right.

21. (1) The employer and the workman may, after Asreementsfor payment of com-
the injury in respect of which the claim to compensation pensation.
has arisen, agree in writing to-

( a ) the amount to be paid by the employer as
compensation in respect of the incapacity of the work-
man resulting from that injury;

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 475) Workmen's Conzpensation

(b) any other matter under this Act, and such
agreement shall be forwarded to the court which may
within three months cancel it and make such order
(i'ncluding an order as to any sum already paid under
the agreement) as in the circumstances may be
thoughtjust if it is of the opinion that-

(i) the sum paid or to be paid was or is inade-
quate or excessive; or

(ii) the agreement was obtained by such fraud,
undue influence, misrepresentation or other
improper means, as would in law be sufficient
ground for avoiding an agreement; o r

( i i i ) the agreement was entered into in ignorance
of o r under a mistake as to the true nature of
the injury.

(2) Any such agreement may on application to the
magistrate be made ajudgment of the court under this Act.

(3) Where it is desired to have an agreement made a
judgment of the court, a memorandum thereof shall be sent
by any interested party to the clerk of the court who shall,
subject to the provisions hereinafter contained, on being
satisfied as to its genuineness, record such memorandum in
a special register, and thereupon the memorandum shall for
all purposes be enforceable as a judgment of the court:

Provided that-

(a) no such memorandum shall be recorded
before fourteen days after the despatch by the clerk by
registered post, of notice to the parties interested; and

(6) where a workman seeks to record a memoran-
dum of agreement between his employer and himself
for the payment of compensatioil under this Act and
the employer proves by affidavit that the workman has
in fact returned to work and is earning wages as he did
before the accident, and objects to the recording of
such memorandum, the memorandum shall only be
recorded, if at all, on such terms as the court under the
circumstances may thinkjust.

LAWS OF ANTIGUA AND BAFU$UDA

Workmen 's Compensation (CAP. 475 2.5

22. (1) Where any person (in this section referred Srrb-contracting
to as "the principal") in the course of or for the purposes of
his trade or business, contracts with any other person (in
this section referred to as "the contractor") for the execu-
tion by or under the contractor of the whole or any part of
any work undertaken by the principal, the principal shall,
provided the notice of the accident required under section
16 is given to him, be liable to pay to any workman
employed in the execution of the work any compensation
under this Act which he would have been liable to pay if that
workman had been immediately employed by him; and
where compensation is claimed from or proceedings are
taken against the principal, then in the application of this
Act references to the principal shall be substituted for refer-
ences to the employer, except that the amount of compen-
sation shall be calculated with reference to the earnings of
the workman under the employer by whom he is immedi-
ately employed:

Provided that, where the contract relates to threshing,
ploughing, or other agricultural work and the contractor
provides and uses machinery driven by mechanical power
for the purposes of such work, he and he alone shall be
liable under this Act to pay compensation to any workman
employed by him on such work.

(2) Where the principal is liable to pay compensation
under this section he shall be entitled to be indemnified by
any person who would have been liable to pay compensa-
tion to the workman independently of this section.

(3) Nothing in this section shall be construed as pre-
venting a workman recovering compensation under this Act
from the contractor instead of the principal.

(4) This section shall not apply in any case where the
accident occurred elsewhere than on, or in, or about
premises on which the principal has undertaken to execute
the work or which are otherwise under his control or man-
agement.

23. (1) If a workman contracts any disease to which ~ , " ~ p " , " ! ~ ~ ~ ~
this section amlies. and the disease is due to the nature of eases.

L L

the employment, and the incapacity or death of the workman

LAWS OF ANTIGUA AND BARBUDA

26 CAF'. 475) Workmen 2 Compmsntion

results from that disease, compensation shall be payable as
if the disease was a personal injury by accident arising out of
and in the course of that employmerlt, and all the provisions
of this Act shall apply accordingly, subject however to the
provisions of this section.

(2) For the purposes of calculating the earnings of the
workman in a claim for compensation under this section,
the commencement of the incapacity of the workman, o r
the date of his death if there has been no previous period of
incapacity, shall be treated as the date of the happening of
the accident, if he is then employed in any employment to
the nature of which the disease is due, by the employer from
whom the cornpe~lsation is claimed, and if he is not then so
employed, the last day on which he was so employed shall
for thi4 purpose be treated as the date of the happening of
the accident.

(3) For all other purposes of this Act, the commerlce-
ment of the incapacity of the workman, or the date of his
death if there has been no previous period of incapacity,
shall be treated as the date of the happening of the acci-
dent.

(4) If the disease has been contracted by a gradual pro-
cess, so that two or more employers are severally liable to
pay compensation in respect thereof under this section, the
aggregate amount of compensation recoverable shall not
exceed the amount that would have been recoverable if
those employers had been a single employer, and in any
such case those employers shall, in default of agreement, be
entitled as between themselves to such rights of contribu-
tioil as the ~nagistrate thinks just, having regard to the cir-
cumsta~lces of the case, in any action brought o r application
made by ally of them for this purpose.

(5) The diseases to which this section applies shall be
prescribed by order from time to time by the C .a b. inet.

(6) Nothing in this section shall affect the right of a
workman to compensation in respect of a disease to which
this section does not apply if the disease is contracted as a
result of an injury in respect of which he is elltitled to com-
pensation under the other provisions of this Act.

LAWS OF ANTIGUA AND BARBUDA

Workmen's Compensation (CAP. 475 2 7

24. (1) Subject to the provisions of this Act, it shall Compulsory
insurance against not be lawful for any person to employ another person as a ,rkmen~s ,,,.

workman, unless there is in force in relation to the employ- pensationclaims.
merit of that workman a policy of insurance or other con-
tract of indemnity in respect of the liability of the employer
in case of the death of or bodily injury to the workman aris-
ing out of and in the course of such employment:

Provided that this subsection shall apply only to the
employments set out in subsection ( 3 ) unless the Cabinet by
order published in the Guzette declares that it shall apply to
any other employment mentioned in that order, and the
Cabinet may at any time and from time to time make a new
order applying this subsection to other employments and
may alter, amend or revoke any such order:

Provided further that this subsection shall not apply
where the workman is employed by or on behalf of the
Crown or the Government.

(2) The Labour Commissioner or any person autho-
rized by him in that behalf may call for and inspect any poli-
cy of insurance taken out under the provisions of this
section.

( 3 ) The employments to which subsection (1) applies
are-

( a ) any employment connected with building
corlstruction and structural work in connection with
buildings, if more than three workmen are engaged
thereupon;

(b ) any employment connected with any wood-
working machinery or sawmill, sugar factory, foundry,
docks, wharves or quays and the loading and unloading
of ships, thereat;

( c ) any employment connected with mining or
forestry; and

(d) any employment connected with any danger-
ous operation.

(4) The Cabinet may, if satisfied that a bond in such
sum of money as they may fix entered into by an employer

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 475) Il/r,rkmun :s Cornl,m.mtion

with sufficient sureties offers as good a security for the pay-
ment of compensation agreed upon or adjudged to be paid
under this Act, direct that such bond be given and that it
shall stand in lieu of the insurance reauired under subsec-
tion (1'1 and every such bond shall be made in favour of the
~cco ; i t an t -~en i r a l and be deposited with the Registrar of
the High Court.

(5) The Accountant-General shall, upon any employer
failing to pay any sum of money agreed upon or adjudged
by the court to be paid as compensation under this Act for
the benefit of a workman or his dependants, enforce the
h o ~ i d ill relation to that workman and the bond, if given to
secure the payment of compensation in respect of other
workmc.11 shall remain in fi)rce as r e ~ a r d s the other work-
mvn. ~ ~ o t c v i t h s ~ ~ r ~ t l i ~ l g silc l ~ i f O r c ~ m e ~ i t .

(6) Every person who acls i ~ i co~itravelltion of sub-
section (1) shall be guilty of'an off'encc against this Act and
shall be liable o11 summary conviction to a fine not exceed-
ing fifteen hundred dollars or to imprisonment for a term
not exceeding three morlths.

(7) Notwithstanding anything contailled in any law
prescribing the time within which proceedings may be

Cap. 255. brought under the Magistrate's Code of Procedure Act, pro-
ceedings for an offence under this section may be brought
within a period of six months from the date on which it first
came to the knowledge of the prosecutor that the offence
had been committetl.

( 8 ) 111 sitbsection (S), "dangeroits operation" means
an operation connected with ally manufacture, machinery,
plant, process or description of manual labour in factories,
workshops or elsewhere which the Cabinet may, by notice
pitblished in the Gr~zettu, declare to be dangerous to life or
limb for the purposes of workme~l's compensation.

Conditions under 25. (1) If, after i~ l s t~ra~lce has been effected or other
which liability for

ins."- contract of indemnity entered into or a bond securing the
er arises. payment of compe~lsatio~l given pursuant to section 24, an

employer becomes liable to pay compe~isation to a work-
rnan or his dependants, then notwithstandi~lg anything to

LAWS OF ANTIGUA AND BARBUDA

Workmen S Compensation (CAP. 475 29

the contrary in any policy of insurance contract or indemni-
ty or bond contained, the insurer or person liable to indem-
niQ the employer or to secure the payment of
compensation under a bond shall pay the compensation
agreed upon or adjudged to be paid, including any sum
payable in respect of costs, in the manner prescribed in
section 14.

(2) No sum shall be payable by an insurer, or person
liable under a contract of indemnity or a bond given to
secure payment of compensation under- the provisio~is oi
this section-

( a ) unless, in the case of compensation agreed
upon between an employer and a workman or his
dependants, such insurer or other person liable as
aforesaid consented to pay the sum agreed upon as
compensation to the workman or his dependants; or

(b) unless, in the case of compensation adjudged
by the court to be paid to a workman or his depen-
dants, the insurer or person liable as aforesaid had
notice of the application to determine the compensa-
tion in time to enable him to apply to be added as a co-
defendant, if he is so minded; or in respect of any
judgment to pay compensation, so long as execution
thereon is stayed by the court or pending appeal; or in
respect of a policy of insurance, if before the happen-
ing of the event which was the cause of the death or
personal injury giving rise to the liability, the policy was
cancelled by mutual consent or by virtue of any provi-
sion contained therein.

(3) If notice of the application to determine any com-
pensation is given to an insurer, or other person liable
under a contract of indemnity or bond to secure the pay-
ment of compensation, in time to enable him to apply to
the court to be added as co-defendant, the court shall add
the insurer or other such person as a co-defendant and he
shall have the same right to defend the proceedings as if he
were the employer.

(4) Where any sum paid by the insurer or person liable
to indemnify the employer or to secure the payment of

LAWS OF ANTIGUA AND BARBUDA

30 CAP. 475) Miorkmm '., C:omf)m.sc~lion

compelisation under a bond is covered by the policy of'
insurance contract of indemnity o r b o ~ i d (as the case may
be) by virtue only of'this section, such sum shall be recover-
able 'by the insurer or other persol1 as afbresaid from the
employer.

Registration of 26. (1) Every employer to whom sectio~i 24 applies
employers.

shall-

( (1) within thirty days after the cornmelicemelit of'
this Act in the case of an employer already ill bt~siness;
o r

( 6 ) within thirty days after commencing business,
make application for registration to the Labour Com-
missioner on the prescribed form.

(2) The I;ahour (:orn~nissio~ier- shall, upon the receipt
by him of all applicatio~i ~ r ~ i d c r s~tbsectio~l (1) c o ~ i t a i ~ i i ~ l g
the particulars specified in the prescribed fi)rni and o l i
being satisfied that the particrllars are correct fbrthwith
register the employer and the partic~~lars thereof' to which
the application relates and he shall issue to the applica~it a
certificate of registration o n the prescribed f i rm.

(3) Where ally change takes place in ally of'the partic-
~ ~ l a r s registered under subsectioll (2), the employer shall
withill thirty days afier the date u p o ~ i which the cha~ige
takes place, rnake application to the 1,abollr (:o~rimissio~ier
for the registratio~i of the change alid the L,abo~~r
(:om~riissio~ier shall arne~ltl the register accortlingly ant1
issue to the applica~it a certificate of registratio~i of' the
change as afiwesaid.

(4) The [;ahour (:ommissioller may take such steps as
he may consider necessary to ascertain whether the particu-
lars supplied by the employers who apply fi)r registration
are correct.

(5) Any person who fbils to comply with the require-
ments of'this section, or who wilti~lly delays o r obstructs the
L3abour (:ommissio~ier o r ally officer appointed by him in
the exercise of ally power, duty o r fiuiction iuider this sec-
tion shall he g ~ ~ i l t y of all off'ence against this Act a ~ i d shall be

LAWS OF ANTIGUA AND BARBUDA

Workmrn :s (,'omf)rnsation (CAP. 475 ?I 1

liable o n summary conviction to a penalty not exceeding
two hu~ldred and fifty dollars.

27. ( 1 ) Wheu the injury was caused by the personal Alternative
remedies.

~icglicre~lce or wilful act of the emplover or of some person