Compensation for Injuries

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Compensation for Injuries
COMPENSATION FOR INJURIES ACT

CHAPTER 8:05

LAWS OF TRINIDAD AND TOBAGO

Act
26 of 1896

Amended by
6 of 1976
50 of 1976
17 of 1981
*22 of 1981
36 of 1997

*See Note on Amendment at page 2

L.R.O.

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–6 ..

UNOFFICIAL VERSION


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LAWS OF TRINIDAD AND TOBAGO

2 Chap. 8:05 Compensation for Injuries

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Amendment (Sections 2 and 5)
(a) Act No. 17 of 1981 repealed subsections (3) and (4) of section 2 of this Act, but section 2

of this Act did not contain a subsection (4), however Act No. 36 of 1997 amended
section 2 of the Act to include a subsection (4).

(b) Sections 2 and 5 of this Act have been amended by Act No. 22 of 1981 but Act No. 22 of
1981 had not up to the date of the last revision of this Act been brought into operation.

UNOFFICIAL VERSION


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L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Compensation for Injuries Chap. 8:05 3

CHAPTER 8:05

COMPENSATION FOR INJURIES ACT

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.

ACTION FOR COMPENSATION
3. Action for compensation maintainable against person causing death

through neglect, etc., notwithstanding death of person injured.
4. By whom action in case of death to be brought.
5. Limit of time of commencement of action.
6. Particulars of persons for whom action brought.
7. Measure of damages recoverable and apportionment.
8. Exclusion of certain benefits in assessment of damages.
9. Trial of action.

SUPPLEMENTAL
10. Funeral expenses.
11. Act binds State.

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4 Chap. 8:05 Compensation for Injuries

CHAPTER 8:05

COMPENSATION FOR INJURIES ACT

An Act to provide for compensation in cases of accidental
deaths in general.

[10TH DECEMBER 1896]

1. This Act may be cited as the Compensation for Injuries Act.

2. (1) In this Act, “dependant” means wife, husband, parent,
grandparent, child, grandchild and any person who is, or who is
the issue of a brother, sister, uncle or aunt.

(2) In deducing any relationship for the purposes of
this Act—

(a) an adopted person shall be treated as the child of
the person or persons by whom he was adopted
and not as the child of any other person; and,
subject thereto;

(b) any relationship by affinity shall be treated as a
relationship by consanguinity, any relationship of
the half blood as a relationship of the whole blood,
and the stepchild of any person as his child; and

(c) an illegitimate person shall be treated as the
legitimate child of his mother and reputed father.

(3) (Repealed by Act No. 17 of 1981).
(4) Any reference in this Act to injury includes any disease

and any impairment of a person’s physical or mental condition.

ACTION FOR COMPENSATION

3. Whenever the death of any person is caused by some
wrongful act, neglect, or default, and the act, neglect or default is
such as would before the commencement of this Act (if death had
not ensued) have entitled the party injured to maintain an action
and recover damages in respect thereof, then and in every such
case the person who would have been liable if death had not ensued

1950 Ed.
Ch. 5 No. 5.
26 of 1896.

Commencement.

Short title.

Interpretation.
[50 of 1976
17 of 1981
22 of 1981
36 of 1997].

Action for
compensation
maintainable
against person
causing death
through neglect,
etc.,
notwithstanding
death of person
injured.

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Compensation for Injuries Chap. 8:05 5

shall be liable to an action for damages, notwithstanding the death
of the person injured, and although the death shall have been under
such circumstances as amount in law to an arrestable offence.

4. Every action in respect of any personal injury resulting in
death shall be for the benefit of the dependants of the person whose
death has been so caused and shall be brought by and in the names
of the executor or administrator of the deceased person; but, if
within six months of the death, no such action has been taken by
and in the name of the executor or administrator, then an action
may be brought by and in the name of any of the dependants of the
deceased person.

5. (1) (Repealed by Act No. 36 of 1997).
(2) Not more than one action lies under section 3 for and

in respect of the same subject matter of complaint.

6. In every action in respect of injury resulting in death, the
plaintiff on the record shall be required, together with the statement
of claim, to deliver to the defendant or his Attorney-at-law full
particulars of the person or persons for whom and on whose behalf
such action is brought.

7. (1) In every action in respect of injury resulting in death
such damages may be awarded as are proportioned to the injury
resulting from the death to the persons respectively for whom and
for whose benefit the action is brought.

(2) The amount so recovered, after deducting the costs,
if any, not recovered from the defendant, shall be divided among
the persons mentioned above in such shares as are determined at
the trial.

(3) It shall be sufficient, if the defendant is advised to
pay money into Court, that he pay it as a compensation in one sum
to all persons entitled under this Act for his wrongful act, neglect
or default, without specifying the shares into which it is to be
divided by the Court; and if the said sum is not accepted and an
issue is taken by the plaintiff as to its sufficiency, and the Court

By whom action
in case of death
to be brought.
[50 of 1976].

Limit of time of
commencement
of action.
[50 of 1976
22 of 1981.
36 of 1997].

Particulars of
persons for
whom action
brought.

Measure of
damages
recoverable and
apportionment.
[50 of 1976].

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LAWS OF TRINIDAD AND TOBAGO

6 Chap. 8:05 Compensation for Injuries

shall think the same sufficient, the defendant shall be entitled to
the verdict upon that issue.

8. In assessing damages in respect of a person’s death in any
action under this Act or under the Carriage by Air Act 1932 (whether
commenced before or after this section comes into operation) no
account shall be taken of any of the following moneys paid or
payable on the death of such person:

(a) payments under any contract of insurance
(including the return of premiums);

(b) benefits under the National Insurance Act, or any
similar written law relating to social security;

(c) payment by a friendly society or similar body or
a trade union for the relief or maintenance of the
dependants of deceased members;

(d) payments by way of pension or gratuity to the
dependants of a deceased person under any
written law, pension scheme or agreement
(including the return of any contributions or the
payment of any lump-sum in respect of any
service done by the deceased person).

9. Every action for recovery of compensation under this Act
shall be brought in the High Court.

SUPPLEMENTAL

10. In an action brought under this Act, damages may be
awarded in respect of the funeral expenses of the deceased person
if such expenses have been incurred by the parties for whose benefit
the action is brought.

11. This Act binds the State.

Exclusion of
certain benefits
in assessment of
damages.
[50 of 1976].
22 & 23 Geo. 5
c. 36 (U.K.).

Ch. 32:01.

Trial of action.
[50 of 1976].

Funeral
expenses.

Act binds State.
[50 of 1976].

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