Workmen’s Compensation
WORKMEN’S COMPENSATION ACT
CHAPTER 88:05
LAWS OF TRINIDAD AND TOBAGO
Act
24 of 1960
Amended by
12 of 1962
29 of 1968
46 of 1979
17 of 1981
18 of 1986
36 of 1997
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–110 ..
L.R.O. UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
2 Chap. 88:05 Workmen’s Compensation
Index of Subsidiary Legislation
Page
Medical Referees Rules of Court (GN 117/1946) … … … … 52
Workmen’s Compensation (Appeals) Rules of Court … … … … 61
Workmen’s Compensation (Medical Referees) Regulations (GN 116/1946) … 65
Workmen’s Compensation Regulations (G. 16.12.26) … … … 72
Note on Adaptation
Certain fees in this Chapter were increased by the Commission under paragraph 4 of the Second
Schedule to the Law Revision Act (Ch. 3:03) . Where this occurs, a marginal reference in the
form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by which
the President’s approval was signified).
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 3
CHAPTER 88:05
WORKMEN’S COMPENSATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title and commencement.
PART I
PRELIMINARY
2. Interpretation.
3. Appointment and remuneration of medical referees.
PART II
COMPENSATION
4. Employer’s liability for compensation.
5. Amount of compensation.
Death.
Permanent total disablement.
Permanent partial disablement.
Temporary disablement.
6. Method of calculating earnings.
7. Review.
8. Payment of lump sum in lieu of half-monthly payments.
9. Distribution of compensation.
On death.
Lump sums.
Other cases.
Receipt of Registrar.
Notice to dependants.
Workman under disability.
Variation of order.
Deductions for costs.
10. Compensation not to be assigned, attached or charged.
11. Notice and claim.
12. Medical examination.
Refusal to be examined.
Leaving vicinity prior to examination.
Death prior to examination.
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4 Chap. 88:05 Workmen’s Compensation
Compensation not payable during period of suspension.
Measure of compensation on refusal to be examined or disregard of
medical advice.
13. Application for reference to medical referee.
14. Employment of contractors.
Indemnity.
Notice to contractor of proceedings against principal.
Contractor.
Control of principal.
15. Remedies against both employer and stranger.
Recovery of damages a bar.
Indemnity by third party.
PART III
MEDICAL AID
16. Medical expenses.
PART IV
OCCUPATIONAL DISEASES
17. Constitution of special Medical Board and compensation in respect
of diseases.
18. Liability to pay compensation.
19. Fixing a date from which time is to run, indicating requirements as to
giving of notice.
20. Calculation of earnings.
21. Presumption as to cause of death or disablement.
22. Power of Minister to add to or delete from First Schedule.
23. Savings right of workmen to proceed against previous employer.
PART V
COMPULSORY INSURANCE
24. Compulsory insurance against workmen’s compensation claims.
25. Conditions under which liability for payment by insurer arises.
26. Restriction on the grant or issue of licences to carry on trade or
business.
27. Bankruptcy of employer.
In case of a guarantee bond.
Where liability is wholly uninsured.
ARRANGEMENT OF SECTIONS—Continued
SECTION
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Workmen’s Compensation Chap. 88:05 5
Proof in bankruptcy.
Priority.
28. Forgery, etc. of policies of insurance.
29. Definition.
PART VI
COMMISSIONERS
30. Reference to Commissioners.
31. Judges of High Court to be Commissioners.
32. Application to Commissioner.
33. Powers and procedure of Commissioners.
34. Reference by Commissioner to medical referee.
35. Persons entitled to appear, etc., before Commissioner.
36. Fees.
37. Commissioner to take notes of evidence.
38. Costs.
39. Registration of orders.
40. Registration of agreements.
Costs paid by employer to workman’s Attorney-at-law to be disclosed.
41. Orders and agreements enforceable as High Court judgments.
42. Effect of failure to register agreement.
43. Appeals.
PART VII
GENERAL
44. Returns as to compensation.
45. Contracting out.
46. Workmen in employment of Government and of local authorities.
47. Application to persons employed on ships or vessels.
48. General penalty.
49. Rules of Court.
50. Power to make Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
SECTION
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LAWS OF TRINIDAD AND TOBAGO
6 Chap. 88:05 Workmen’s Compensation
CHAPTER 88:05
WORKMEN’S COMPENSATION ACT
An Act to provide for the payment of compensation to workmen
for injuries suffered in the course of their employment.
*[15TH NOVEMBER 1960]
1. (1) This Act may be cited as the Workmen’s
Compensation Act.
(2) (a) Parts I, II, III, VI and VII of this Act came into
operation on 15th November, 1960.
(b) Parts IV and V of this Act came into operation on
9th May, 1997.
†PART I
PRELIMINARY
2. (1) In this Act—
“adult” means a person who is not under the age of seventeen
years;
“child of a workman’s family” means any child of a workman
and his wife; and includes any other child (whether or not a
child of the workman or of the wife) who is a member of
the family of the workman;
“Commissioner” means a Commissioner for Workmen’s
Compensation;
“dependants” means such child of a workman’s family and such
other members of a workman’s family as were wholly or in
part dependent upon the earnings of the workman at the time
of his death, or would but for the incapacity due to the
accident have been so dependent; and includes a dependent
female and any other person whom the workman at the time
of his death treated as under a duty by him to support in
whole or in part. However a person shall not be considered
to be a partial dependent of a workman unless he was
*See section 1(2) for the dates of commencement of this Act.
†See section 1(2)(a).
24 of 1960.
Short title and
commencement.
[124/1960
92/1997].
Interpretation.
[12 of 1962
46 of 1979
51/1980
17 of 1981
18 of 1986].
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Workmen’s Compensation Chap. 88:05 7
dependent partially on contributions from the workman for
the provision of the ordinary necessaries of life suitable for
persons in his class and position;
“dependent female” means a woman who, for not less than twelve
months immediately before the date on which the workman
died or was incapacitated as a result of the accident, although
not legally married to him, lived with him as his wife and
was dependent wholly or in part upon his earnings;
“earnings” include any privilege or benefit which is capable of
being estimated in money, other than a travelling allowance
or the value of any travelling concession or a contribution
paid by the employer of a workman towards any pension or
provident fund or a sum paid to a workman to cover any
special expenses entailed on him by the nature of his
employment;
“employer” includes the Government of Trinidad and Tobago and
any body of persons whether incorporated or not, and any
managing agent of an employer and the legal personal
representative of a deceased employer, and where the
services of a workman are temporarily lent or let on hire to
another person by the person with whom the workman has
entered into a contract of service or apprenticeship, the latter
shall, for the purposes of this Act be deemed to continue to
be the employer of the workman whilst he is working for
that other person:
Provided that—
(a) in relation to a person engaged in plying for hire
with any vehicle or vessel, the use of which is
obtained by that person under a contract of
bailment (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; and
(b) in relation to a person employed for the purposes
of any game or recreation and engaged or paid
through a club, the manager or members of the
managing committee of the club shall be deemed
to be the employer;
“insurer” means an assurance company in whose case the
requirements of the Assurance Companies Ordinance (now
repealed) with respect to deposits and guarantees by
Ch. 31 No. 19.
(1950 Ed.).
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8 Chap. 88:05 Workmen’s Compensation
assurance companies are complied with or an assurance
company which is exempted from any such requirements by
virtue of an order made under section 37 or section 38 of
that Ordinance;
“managing agent” means any person appointed or acting as the
representative of another person for the purpose of carrying
on the other person’s trade or business, but does not include
an individual manager subordinate to an employer;
“Masters of the High Court” means the persons to whom
sections 65A and 65B of the Supreme Court of the Judicature
Act relate;
“medical aid” means medical, surgical and hospital treatment,
skilled nursing services, the supply of medicines and the
supply, maintenance, repair and renewal of artificial limbs;
“medical practitioner” means a person registered as a member of
the Medical Board under the Medical Board Act;
“medical referee” means a medical practitioner appointed under
section 3 as a medical referee for the purposes of this Act;
“member of a family” means wife or husband, father, mother,
grandfather, grandmother, stepfather, stepmother, son,
daughter, grandson, granddaughter, stepson, stepdaughter,
brother, sister, half-brother, half-sister;
“minor” means a person who is under the age of seventeen years;
“outworker” means a person to whom articles or materials are
given out to be made up, cleaned, washed, altered,
ornamented, finished, or repaired, or adapted for sale, in
his own home or on other premises not under the control
or management of the person who gave out the materials
or articles;
“partial disablement” means, where the disablement is of a
temporary nature, such disablement as reduces the earning
capacity of a workman in any employment in which he was
engaged at the time of the accident resulting in the
disablement and, where the disablement is of a permanent
nature, such disablement as reduces his earning capacity in
every employment which he was capable of undertaking at
that time;
“Registrar” means the Registrar of the Supreme Court, and
Ch. 4:01.
Ch. 29:50.
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includes the Deputy Registrar, Second Deputy Registrar and
Sub-Registrars of San Fernando and Tobago;
“scheduled disease” means any occupational disease specified in
the First Schedule;
“total disablement” means such disablement, whether of a
temporary or permanent nature, as incapacitates a workman
for all work which he was capable of performing at the time
of the accident resulting in such disablement;
“workman” means any person who has entered into or works
under a contract of service or apprenticeship with an
employer, whether by way of manual labour or otherwise,
whether the contract was made before or after the
commencement of this Act (that is, 15th November 1960),
and whether such contract is expressed or implied, oral or
in writing, whether the remuneration is calculated by time
or by work done, and whether by the day, week, month or
with reference to any other period whatever; and includes
a person engaged in fishing on board any fishing vessel or
in plying for hire with any vehicle or vessel the use of
which is obtained by that person under any contract of
bailment (other than a hire-purchase agreement) in
consideration of the payment of a fixed sum or a share in
the earnings or otherwise:
Provided that the following persons shall not be regarded
as workmen for the purposes of this Act:
(a) persons employed otherwise than by way of
manual labour whose earnings exceed five
thousand dollars a year or such other sum as may
be prescribed;
(b) persons whose employment is of a casual nature
and who are employed otherwise than for the
purposes of the employer’s trade or business,
not being persons employed for the purposes of
any game or recreation and engaged or paid
through a club;
(c) outworkers;
(d) members of the employer’s family dwelling in
his house;
(e) members of the Defence Force of Trinidad and
Tobago and any auxiliary force attached thereto; or
First Schedule.
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LAWS OF TRINIDAD AND TOBAGO
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(f) members of the Police Service and members—
(i) of any Police organisation having the
general powers of members of the Police
Service constituted by law and in respect
of whom provision exists in any law for
the payment of a gratuity or pension in case
of injury or death; or
(ii) of any Fire Service.
(2) Any reference to a workman who has been injured or
has been disabled 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 benefit compensation
is payable.
(3) The exercise and performance of the powers and duties
of a local or other public authority or of any department of the
Government shall, for the purposes of this Act unless a contrary
intention appears, be considered to be the trade or business of such
authority or department.
(4) If in any proceedings for the recovery of compensation
under this Act it appears to the Commissioner by whom the claim
to compensation 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,
he may, if, having regard to all the circumstances of the case, he
thinks proper to do so, deal with the matter as if the injured person
had at the time mentioned above been a person working under a
valid contract of service or apprenticeship.
(5) Every injury specified in the Second Schedule shall
be held to result in permanent injury whether total or partial.
3. (1) The Minister may appoint any medical practitioner to
be a medical referee for the purposes of this Act and may revoke
any such appointment at any time.
Second
Schedule.
Appointment
and
remuneration of
medical
referees.
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(2) Any appointment made under subsection (1), or any
revocation of any such appointment, shall take effect on the date
of its publication in the Gazette.
(3) The remuneration of, and other expenses incurred by
medical referees under this Act shall, subject to Regulations made
under this Act and except so far as they are defrayed by fees received
from the parties under this Act, be paid out of public funds.
(4) Where a medical referee has been employed as a
medical practitioner in connection with any case by or on behalf
of an employer or workman or by any person interested in that
case by reason of a contract of insurance, guarantee or indemnity,
he shall not act as medical referee in that case.
(5) The number of medical referees appointed by the
Minister shall at no time be less than six. However, a reduction
below six of the number of medical referees shall not invalidate
any reference to, or any certificate given by, a medical referee.
*PART II
COMPENSATION
4. (1) If in any employment personal injury by accident
arising out of and in the course of the employment is caused to a
workman, his employer shall, subject as mentioned below, be liable
to pay compensation in accordance with the following provisions:
Provided that—
(a) the employer shall not be liable under this Act in
respect of any injury which does not disable the
workman for a period of at least three days from
working for full earnings at the work at which he
was employed;
(b) if it is proved that the injury to a workman is
attributable to the serious and wilful misconduct
of that workman, any compensation claimed in
respect of that injury shall, unless the injury results
in death or serious and permanent disablement,
be disallowed.
Employer’s
liability for
compensation.
[36 of 1997].
* See section 1 (2)(a).
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LAWS OF TRINIDAD AND TOBAGO
12 Chap. 88:05 Workmen’s Compensation
(2) For the purposes of this Act, an accident resulting in
the death or serious and permanent disablement of a workman shall
be deemed to arise out of and in the course of his employment,
notwithstanding that the workman was at the time when the accident
happened acting in contravention of any statutory or other
regulation applicable to his employment, or 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.
(3) Where compensation payable under this Act for injury
by accident arising out of and in the course of employment is
received as such by a workman who is an adult, no action shall be
brought against the employer for compensation independently of
this Act by such workman in respect of such accident after the
expiration of four years from the date on which the cause of
action accrued.
(4) In awarding compensation for injury under this Act a
Commissioner shall take into account any damages recovered by
a workman in respect of the same injury.
5. (1) Subject to this Act, the amount of compensation shall
be as follows:
(a) where death results from the injury, a lump sum
of an amount calculated as follows:
(i) if the workman leaves any dependants
wholly dependent on his earnings, the lump
sum shall be a sum equal to thirty-six
months earnings;
(ii) if the workman does not leave any
dependants wholly dependent on his
earnings, but leaves any dependants in part
so dependent, the lump sum shall be such
sum not exceeding in any case the amount
payable under subparagraph (i) as may be
agreed upon or, in default of agreement,
Amount of
compensation.
Death.
[51/1980].
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may be determined by the Commissioner,
to be reasonable and proportionate to the
injury to the said dependants;
(iii) if the workman leaves no dependants, the
lump sum shall be the aggregate of
reasonable expenses of the burial of the
deceased workman, not exceeding the sum
of five hundred dollars;
(b) where permanent total disablement results from
the injury—
(i) in the case of an adult, a sum equal to forty-
eight months earnings;
(ii) in the case of a minor, a sum equal to
ninety-six months earnings;
(c) where permanent partial disablement results from
the injury—
(i) in the case of an injury specified in the
Second Schedule, such percentage of the
compensation which would have been
payable in the case of permanent total
disablement as is specified therein as being
the percentage of the incapacity caused by
that injury; and
(ii) in the case of an injury not specified in the
Second Schedule, such percentage of the
compensation payable in the case of
permanent total disablement as is
proportionate to the incapacity permanently
caused by the injury:
Provided that where more injuries than one are
caused by the same accident, the amount of
compensation payable under this paragraph shall
be aggregated, but not so in any case as to exceed
the amount which would have been payable if
permanent total disablement had resulted from
the injuries;
Permanent total
disablement.
Permanent
partial
disablement.
Second
Schedule.
Second
Schedule.
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14 Chap. 88:05 Workmen’s Compensation
(d) where temporary disablement, whether total
or part ial , results from the injury, a
half-monthly payment payable on the
sixteenth day from the date of the disablement,
and thereafter half-monthly during the
disablement or during a period of five years,
whichever period is shorter—
(i) in the case of an adult, of a sum equal to
one-third of his monthly earnings, and
(ii) in the case of a minor, of a sum equal to
one-half or, after he has attained the age of
seventeen years, to one-third of his monthly
earnings.
(2) As regards subsection (1)(a), (b) and (c), there shall
be deducted from any sum to which the workman is entitled the
amount of any payment or allowance which the workman has
received from the employer by way of compensation during the
period of disablement prior to the receipt of such sum, provided
that the total amount to be deducted does not exceed fifty per cent
of the lump sum so payable.
(3) As regards subsection (1)(d), there shall be deducted
from any half-monthly payments to which the workman is entitled
the amount of any payment or allowance which the workman has
received from the employer by way of compensation during the
period of disablement prior to the receipt of the first half-monthly
payment and no half-monthly payment shall in any case exceed
the amount, if any, by which half the amount of the monthly
earnings of the workman before the accident exceeds half the
amount of such earnings as he is receiving in some suitable
employment or business after the accident or which, but for his
refusal to work in some suitable employment or business, he would
have received.
(4) On the ceasing of the disablement before the date on
which any half-monthly payment falls due, there shall be payable
in respect of that half-month a sum proportionate to the duration
of the disablement in that half-month.
Temporary
disablement.
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6. (1) In this Act, the expression “monthly earnings” means
the amount of earnings considered to be payable for a month’s
service (whether the earnings are payable by the month or by
whatever period or at piece rates) and calculated in accordance
with the following rules:
(a) where the workman, during a continuous period
of not less than twelve months immediately
preceding the accident, was in the service of the
employer who is liable to pay compensation, the
monthly earnings of the workman shall be
one-twelfth of the total earnings which have fallen
due for payment to him by the employer in the
last twelve months of that period;
(b) in other cases, the monthly earnings shall be thirty
times the total earnings payable in respect of the
last continuous period of service immediately
preceding the accident by the employer who is
liable to pay compensation divided by the number
of days comprising such period:
Provided that where by reason of the shortness
of the time during which the workman has been
in the employment of such employer or the casual
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
monthly earnings, regard may be had to the
average monthly amount which during the twelve
months previous to the accident was being earned
by a person of similar earning capacity in the same
grade employed at the same work by the same
employer or, if there is no person so employed,
by a person of similar earning capacity in the same
grade employed in the same class of employment
and in the same district;
(c) employment by the same employer shall be taken
to mean employment by the same employer in
the grade in which the workman was employed
Method of
calculating
earnings.
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LAWS OF TRINIDAD AND TOBAGO
16 Chap. 88:05 Workmen’s Compensation
at the time of the accident, uninterrupted by
absence from work due to illness or any other
unavoidable cause.
(2) A period of service shall, for the purposes of this
section, be deemed to be continuous which has not been interrupted
by a period of absence from work exceeding fourteen days.
(3) Subject to subsection (4), where the workman had
entered into concurrent contracts of service with two or more
employers under which he worked at one time for one such
employer and at another time for another such employer, his
monthly earnings shall be computed as if his earnings under all
such contracts were earnings in the employment of the employer
for whom he was working at the time of the accident. However,
the earnings of the workman under the concurrent contract shall
be disclosed to any other employer at the time of his engagement
with the latter and shall be taken into account only so far as the
workman is incapacitated from performing the concurrent contract.
(4) Where a workman is employed on stevedoring,
lightering or wharf work under contracts of service with two or
more employers under which he worked at one time for one such
employer and at another time for another such employer, his
monthly earnings shall be computed as if his earnings under all
such contracts were earnings in the employment of the employer
for whom he was working at the time of the accident.
(5) Upon request of the workman to the employer liable
to pay compensation, that employer shall furnish in writing a list
of the earnings of that workman upon which the amount of the
monthly earnings may be calculated for the purpose of determining
the amount of any payment under this Act.
7. (1) Any half-monthly payment payable under this Act,
either under an agreement between the parties or under the order
of a Commissioner, may be reviewed by a Commissioner on the
application either of the employer or of the workman accompanied
by the certificate of a medical practitioner that there has been a
change in the condition of the workman or, subject to Regulations
made under this Act, on application made without such certificate.
Review.
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(2) Any half-monthly payment may, on review under this
section, subject to the provisions of this Act, be continued,
increased, decreased or ended or, if the accident is found to have
resulted in permanent disablement, be converted to the lump sum
to which the workman is entitled less any amount which may be
deductible under section 5(1).
8. Any right to receive half-monthly payments may, by
agreement between the parties or, if the parties cannot agree and
the payments have been continued for not less than six months,
on the application of either party to the Commissioner, be
redeemed by the payment of a lump sum of such amount as may
be agreed to by the parties or determined by the Commissioner
as the case may be.
9. (1) Compensation payable where the death of a workman
has resulted from an injury shall be deposited with the Registrar,
and any sum so deposited shall be apportioned among the
dependants of the deceased workman or any of them in such
proportion as a Commissioner thinks fit, or may, in the discretion
of a Commissioner, be allotted to any one such dependant, and the
sum so allotted to any dependant shall be paid to him or be invested,
applied or otherwise dealt with for his benefit in such manner as a
Commissioner thinks fit.
(2) Compensation payable where permanent disablement
has resulted from an injury and lump sums payable under section 8
where temporary disablement has resulted from an injury shall be
deposited with the Registrar, and any sum so deposited shall be paid
to the person entitled to it or be invested, applied or otherwise dealt
with for his benefit in such manner as the Registrar or, upon reference
to him by the Registrar, a Commissioner, thinks fit.
(3) Any other compensation payable under this Act may
be deposited with the Registrar and, when so deposited, shall be
paid by the Registrar to the person entitled.
(4) The receipt of the Registrar shall be a sufficient
discharge in respect of any amount deposited with him under
this Act.
Payment of
lump sum in lieu
of half-monthly
payments.
Distribution of
compensation.
On death.
Lump sums.
Other cases.
Receipt of
Registrar.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 88:05 Workmen’s Compensation
(5) Nothing in this section shall prevent an employer from
making any payment or allowance to a workman pending the
settlement or determination of the claim and the Commissioner
may, subject to section 5(1), order that such payment or allowance
shall be deducted from the amount of compensation payable to the
workman under this section.
(6) On the deposit of any money under subsection (1),
the Registrar may deduct therefrom the actual cost of the workman’s
funeral expenses, to an amount not exceeding two hundred and
fifty dollars, and pay the same to the person by whom such expenses
were incurred, and shall, if he thinks necessary, cause notice to be
published or to be served on each dependant in such manner as he
thinks fit, calling upon the dependants to appear before a
Commissioner on such date as he may fix for determining the
distribution of the compensation. If the Commissioner is satisfied,
after any inquiry which he thinks necessary, that no dependant
exists, he shall direct the Registrar to repay the balance of the money
to the employer by whom it was paid. The Registrar shall, on
application by the employer, furnish a statement showing in detail
all disbursements made.
(7) Where a half-monthly payment is payable under this
Act to a workman under any legal disability, a Commissioner
may, of his own motion or on application made to him in this
behalf, order that the half-monthly payment be paid during the
disability to any dependant of the workman or to any other
person whom he thinks best fitted to provide for the welfare of
the workman.
(8) Where, on application made to him in this behalf
or otherwise, a Commissioner is satisfied that, on account
of neglect of children on the part of a parent, or on account
of the variation of the circumstances of any dependant, or
for any other sufficient cause, an order of a Commissioner
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 or otherwise dealt with,
ought to be varied, a Commissioner may make such order
Notice to
dependants.
[51/1980].
Workman under
disability.
Variation of
order.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 19
for the variation of the former order as he thinks just in the
circumstances of the case. However, no such order prejudicial
to any person shall be made—
(a) unless such person has been given an opportunity
of showing cause why the order should not be
made; or
(b) in any case in which it would involve the
repayment by a dependant of any sum already
paid to him.
(9) The Attorney-at-law or agent of a person claiming
compensation under this Act shall not be entitled to recover from
such person any costs in respect of such claim or to claim a lien in
respect of such costs on, or deduct such costs from, the sum awarded
or agreed as compensation, except such sum as may be awarded
by a Commissioner, subject to Regulations made under this Act,
on an application made either by the person claiming compensation,
or by his Attorney-at-law or agent, to determine the amount of the
costs to be paid to the Attorney-at-law or agent.
10. Save as provided by this Act, no lump sum or
half-monthly payment payable under this Act shall be capable of
being assigned, charged or attached or shall pass to any person
other than the workman by operation of law, nor shall any claim
be set off against the same.
11. (1) Proceedings for the recovery under this Act of
compensation for an injury shall not be maintainable unless notice
of the accident has been given as soon as practicable after it has
happened and before the workman has voluntarily left the
employment in which he was injured, and unless the claim for
compensation with respect to such accident has been made within
one year from the occurrence of the accident causing the injury,
or, in case of death, within one year from the time of death:
Provided that—
(a) the want of or any defect or inaccuracy in such
notice shall not be a bar to the maintenance of
such proceedings if the employer is proved to
Deductions for
costs.
Compensation
not to be
assigned,
attached or
charged.
Notice and
claim.
[36 of 1997].
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 88:05 Workmen’s Compensation
have had knowledge of the accident from any
other source at or about the time of the accident,
or if it is found in the proceedings for settling the
claim that the employer is not, or would not, if a
notice or an amended notice were then given and
the hearing postponed, be prejudiced in his
defence by the want, defect or inaccuracy, or that
such want, defect or inaccuracy, was occasioned
by mistake, absence from Trinidad and Tobago
or other reasonable cause; and
(b) the failure to make a claim within the period above
specified shall not be a bar to the maintenance of
such proceedings if it is found that the failure was
occasioned by mistake, absence from Trinidad
and Tobago or other reasonable cause.
(2) Notice in respect of an injury under this Act may be
given either in writing or orally to the employer (or if there is
more than one employer to one of such employers) or to any
foreman or other official under whose supervision 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 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, corporate
or not, 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.
12. (1) Where a workman has given notice of an accident or
where an accident has occurred in respect of which the necessity
of giving notice under this Act is dispensed with, a workman shall,
Medical
examination.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 21
if the employer offers to have him examined free of charge by a
medical practitioner, submit himself for such examination, and any
workman who is in receipt of a half-monthly payment under this
Act shall, if so required, submit himself for such examination from
time to time. However, a workman shall not be required to submit
himself for examination by a medical practitioner otherwise than
in accordance with Regulations made under this Act, or at more
frequent intervals than may be prescribed.
(2) If a workman, on being required to do so by the
employer under subsection (1) or by a Commissioner at any time,
refuses to submit himself for examination by a medical practitioner
or in any way obstructs the same, his right to compensation shall
be suspended during the continuance of such refusal or obstruction
unless, in the case of refusal, he was prevented by any sufficient
cause from so submitting himself.
(3) If a workman, before the expiry of three days from
the time at which service of notice of an accident has been effected
or, when an accident occurs in respect of which the necessity of
giving notice under this Act is dispensed with, before the expiry of
three days from the date of such accident, voluntarily and without
due cause leaves the vicinity of the place in which he was employed
without having been examined by a medical practitioner, his right
to compensation shall be suspended until he returns and offers
himself for such examination.
(4) Where a workman whose right to compensation has
been suspended under subsection (2) or subsection (3) dies without
having submitted himself for medical examination as required by
either of those subsections, the Commissioner may, if he thinks
fit, direct the payment of compensation to the dependants of the
deceased workman.
(5) Where under subsection (2) or subsection (3) a right
to compensation is suspended, no compensation shall be payable
is respect of the period of suspension.
(6) Where an injured workman has refused to be attended
by a medical practitioner whose services have been offered to him
by the employer free of charge or having accepted such offer has
deliberately disregarded the instructions of such medical practitioner,
Refusal to be
examined.
Leaving vicinity
prior to
examination.
Death prior to
examination.
Compensation
not payable
during period of
suspension.
Measure of
compensation
on refusal to be
examined or
disregard of
medical advice.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 88:05 Workmen’s Compensation
then, if it is thereafter proved that the workman has not been regularly
attended by a medical practitioner and that such refusal, failure or
disregard was unreasonable in the circumstances of the case and
that the injury has been aggravated thereby, the injury and resulting
disablement shall be considered to be of the same nature and duration
as they might reasonably have been expected to be if the workman
had been regularly attended by a medical practitioner, and
compensation, if any, shall be payable accordingly.
13. (1) Where a workman has submitted himself for
examination by a medical practitioner, or has been examined by a
medical practitioner selected by himself, and the employer or the
workman, as the case may be, has within six days after such
examination furnished the other with a copy of the report of that
practitioner as to the workman’s condition, then, in the event of no
agreement being come to between the employer and the workman
as to the workman’s condition or fitness for employment, the
Registrar, on application being made to him by both parties or,
subject to appeal to a Commissioner, by one of the parties, may
refer the matter to a medical referee. However, where the
application is made by only one of the parties, the Registrar or, on
appeal, a Commissioner, if he is of the opinion that, owing to the
exceptional difficulty of the case or for any other sufficient reason,
the matter ought to be settled in default of agreement by a
Commissioner, shall refuse to allow the reference.
(2) In the case of an application made by both parties
under the provisions of subsection (1), the Registrar shall refer the
matter to a medical referee chosen by both parties but, if such
parties cannot agree on the choice of a medical referee within such
time as may be fixed by the Registrar, the Registrar shall refer the
matter to a medical referee chosen by him.
(3) The medical referee to whom the matter is so referred
shall, in accordance with Regulations made under this Act, give a
certificate as to the condition of the workman and his fitness for
employment, specifying, where necessary, the kind of employment
for which he is fit, and that certificate shall be conclusive evidence
as to the matters so certified.
Application for
reference to
medical referee.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 23
(4) Where no agreement can be arrived at between the
employer and the workman as to whether or to what extent the
incapacity of the workman is due to the accident, the provisions of
this section shall, subject to any Regulations made under this Act,
apply as if the question were a question as to the condition of
the workman.
(5) If a workman, on being required to do so, refuses to
submit himself for examination by a medical referee to whom the
matter has been so referred, or in any way obstructs the same, his
right to compensation and to take or prosecute any proceeding
under this Act in relation to compensation or, in the case of a
workman in receipt of a half-monthly payment under this Act, his
right to that half-monthly payment shall be suspended until such
examination has taken place.
14. (1) Where any person (in this section referred 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 execution by or under the contractor of the whole
or any part of the work undertaken by the principal, the principal
shall 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 references to the
employer, except that the amount of compensation shall be calculated
with reference to the earnings of the workman under the employer
by whom he is immediately employed.
(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 compensation to the
workman independently of this section, and all questions as to the
right to and the amount of any such indemnity shall, in default of
agreement, be settled by a Commissioner.
(3) Where a claim for compensation is made under this
section against a principal, the principal shall give notice of the
claim to the contractor who shall thereupon be entitled to intervene
in any application made against the principal.
Employment of
contractors.
Indemnity.
Notice to
contractor of
proceedings
against
principal.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 88:05 Workmen’s Compensation
(4) Nothing in this section shall be construed as preventing
a workman recovering compensation under this Act from the
contractor instead of the principal.
(5) 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 management.
15. Where the injury for which compensation is payable under this
Act was caused under circumstances creating a legal liability in some
person other than the employer to pay damages in respect of such injury—
(a) the workman may, subject to section 4(4), take
proceedings both against that person to recover
damages and against any person liable to pay
compensation under this Act for such
compensation; and
(b) if the workman has recovered compensation under
this Act, the person by whom the compensation
was paid, and any person who has been called on
to pay an indemnity under section 14 shall be
entitled to be indemnified by the person so liable
to pay damages, and all questions as to the right to
and amount of any such indemnity shall, in default
of agreement, be settled by action or, by consent
of the parties, by a Commissioner.
*PART III
MEDICAL AID
16. (1) Subject to subsection (2), the employer shall defray
reasonable expenses to an amount not exceeding five hundred dollars
under each head reasonably incurred by a workman who has suffered
personal injury as a result of an accident arising out of and in the
course of his employment in respect of the following heads:
(a) medical, surgical and hospital treatment, skilled
nursing services, the supply of medicines and
travelling for the purpose of obtaining any of the
foregoing; and
Contractor.
Control of
principal.
Remedies
against both
employer and
stranger.
Recovery of
damages a bar.
Indemnity by
third party.
Medical
expenses.
[51/1980].
* See section 1 (2)(a).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 25
(b) the supply, maintenance, repair and renewal of
non-articulated artificial limbs and apparatus.
(2) An employer shall not be liable to defray expenses
incurred by a workman in respect of any treatment, services or
medicines specified in subsection (1) if he maintains in respect
thereof facilities approved for the purposes of this Act by the
Minister and has made such facilities available free of cost to such
workman. However, in any case where an injured workman satisfies
the Commissioner that he has obtained special medical treatment
by reason of the fact that the injury incurred by him required
treatment not provided for or available to his employer, the
Commissioner may allow such injured workman to recover from
such employer the reasonable expenses incurred by him in
obtaining such special treatment.
(3) All disputes as to reasonableness or as to necessity
for any medical aid to be provided under this section shall be
determined by a Commissioner whose decision shall be final.
(4) The medical expenses payable under this Part shall
be in addition to any amount payable as compensation under Part
II or Part IV.
(5) In this Part, “Minister” means the Minister
responsible for Health.
*PART IV
OCCUPATIONAL DISEASES
17. (1) The Minister shall appoint a special Medical Board
for the purposes of this Part and may revoke any such appointment
at any time.
(2) The Minister shall appoint a Chairman of any such
special Medical Board and, in the absence or inability to act of the
Chairman, may appoint a person to act temporarily as Chairman.
(3) The Minister shall appoint a panel of duly qualified
medical practitioners containing at least two persons who are
recognised specialists in diseases of the lung from which the members
of any such Board (other than the Chairman) may be selected.
Constitution of
special Medical
Board and
compensation in
respect of
diseases.
* See section 1 (2)(b).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 88:05 Workmen’s Compensation
(4) A special Medical Board at any sitting shall consist
of three members, namely, the Chairman and two members, one
of whom shall be a recognised specialist in diseases of the lung, to
be selected by the Chairman from the panel appointed under
subsection (3).
(5) The Minister may appoint a Secretary and an Assistant
Secretary to any special Medical Board and any such other officers
as he thinks necessary.
(6) The remuneration of, and other expenses incurred by
members, the Secretary, Assistant Secretary and other officers of a
Special Medical Board shall, subject to Regulations made under
this Act, be paid out of moneys provided by Parliament.
(7) Any appointment made under subsection (1) or
subsection (2), or any revocation of any such appointment, shall be
published in the Gazette and shall take effect on the date of its publication.
(8) Where—
(a) a special Medical Board grants a certificate that a
workman is suffering from any disease mentioned
in paragraph (10) of Part I or in Part II of the First
Schedule causing disablement or that the death of
a workman was caused by any such disease; or
(b) a medical practitioner grants a certificate that a
workman is suffering from a scheduled disease
mentioned in Part I (other than paragraph (10)
thereof) of the First Schedule causing disablement
or that the death of a workman was caused by
any such disease and a Commissioner is satisfied
to that effect; and
(c) a Commissioner is satisfied—
(i) that a disease mentioned in Part I of the
First Schedule was due to the nature of an
employment in which the workman was
employed at any time within twenty-four
months previous to the date of the granting
of the certificate or the death of the
workman; or
First Schedule.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 27
(ii) that a disease mentioned in Part II of the
First Schedule was due to the nature of an
employment in which the workman was
employed at any time within twelve months
previous to the date of the granting of the
certificate or the death of the workman,
the workman shall, subject to the provisions of subsection (9),
be entitled to compensation under this Act as if the disease were
a personal injury by accident arising out of and in the course of
that employment, and the disablement shall be treated as the
happening of the accident.
(9) The workman shall not be entitled to compensation if
it is proved that he had at the time of entering the employment
wilfully and falsely represented in writing to the employer in reply
to a specific question that he had not previously suffered from any
such disease.
18. (1) Compensation shall be payable—
(a) in the case of a workman who is disabled by or has
died as a result of a disease mentioned in Part I of
the First Schedule, by the last employer who
employed such workman during the twenty-four
months immediately preceding the disablement or
death, as the case may be, of such workman; and
(b) in the case of a workman who is disabled by or has
died as a result of a disease mentioned in Part II of
the First Schedule, by the last employer who
employed such workman during the twelve months
immediately preceding the disablement or death,
as the case may be, of such workman.
(2) The workman who has been disabled, if so required,
shall furnish to the employer from whom compensation is claimed
such information as he may possess as to the names and addresses
of all other employers who during the periods referred to in
subsection (1) employed the workman in any occupation to the
nature of which the disease is due.
Liability to pay
compensation.
First Schedule.
Part I.
Part II.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 88:05 Workmen’s Compensation
(3) If the employer alleges that the disease was in fact
contracted while the workman was in the employment of some
other employer and not while in his employment, he may join such
other employer as a party to the proceedings in such manner as
may be provided by Rules of Court made under this Act and, if the
allegation is proved, that other employer shall be the employer
from whom the compensation is to be recoverable.
(4) If the disease is of such a nature as to be contracted by a
gradual process, any other employers who during the periods referred
to in subsection (1) employed the workman in the occupation to the
nature of which the disease is due shall be liable to make to the
employer from whom compensation is recoverable such contributions
as in default of agreement may be settled by a Commissioner.
19. (1) In the application of the provisions of this Act other
than section 11 to disablement or death caused by a scheduled disease,
references to the date of the occurrence of the accident shall be
construed as meaning—
(a) in the case of a scheduled disease causing
disablement, the date of the disablement as
determined by the Commissioner; and
(b) in the case of death from a scheduled disease, the
date of the death of the workman.
(2) The provisions of section 11 shall apply in respect of
the recovery of compensation under this Part as they apply in
respect of the recovery of compensation for an injury; but for the
purposes of the said section the time of the happening or occurrence
of the accident shall be held to be the date of the granting of the
certificate referred to in section 17(8).
20. Compensation under this Part shall be calculated with
reference to the earnings of the workman under the employer from
whom the compensation is recoverable.
21. If a workman who becomes disabled by or dies from—
(a) any scheduled disease mentioned in Part I of the
First Schedule was, within the period of
Fixing a date
from which time
is to run,
indicating
requirements as
to giving of
notice.
Calculation of
earnings.
Presumption as
to cause of death
or disablement.
First Schedule.
Part I.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 29
twenty-four months immediately preceding the
date of the disablement or death, employed in any
occupation mentioned in the said Part I opposite
such disease; or
(b) any scheduled disease mentioned in Part II of the
First Schedule was, within the period of twelve
months immediately preceding the date of
disablement or death, employed in any occupation
mentioned in the said Part II opposite such disease,
it shall be presumed, unless the contrary is proved, that the disease
was due to the nature of such employment.
22. (1) The Minister may, by Notification, delete from the
First Schedule any disease, occupation or description of work
mentioned therein and may, in like manner, insert any disease or
description of work in the said Schedule.
(2) Before issuing any Notification under subsection (1),
the Minister shall—
(a) cause a notice to be published, in at least three
issues of a newspaper circulating in Trinidad and
Tobago at intervals of not less than one week and
twice in the Gazette, setting out the Notification
which it is proposed to issue and inviting any
person who objects to the issuing of such
Notification to state in writing his objection and
grounds on which he relies in support of the
objection to the Permanent Secretary to the
Minister on or before such day as may be specified
in the notice; and
(b) consider any objections which may have been
received pursuant to the notice.
23. Nothing in this Part shall be construed as preventing
compensation being recovered during the periods referred to in
section 18(1) from any employer who last employed the workman
during these periods proves that the disease was not contracted
while the workman was in his employment, in which case the
provisions of section 18(3) shall apply.
First Schedule.
Part II.
Power of
Minister to add
to or delete from
First Schedule.
Savings right of
workmen to
proceed against
previous
employer.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 88:05 Workmen’s Compensation
*PART V
COMPULSORY INSURANCE
24. (1) Subject to this Act, it shall not be lawful for any person
to employ any workman unless there is in force in relation to the
employment of that workman a policy of insurance; but this
subsection shall not apply where the employer is the Government
of Trinidad and Tobago.
(2) Every employer shall, if required to do so by any
person generally or specially authorised in that behalf by the
Minister, produce to such person for inspection any policy of
insurance in relation to the employment of any of his workmen.
(3) The Minister may, if satisfied that a guarantee bond
in such sum of money and containing such conditions as he thinks
fit entered into by an employer with a banker or an insurer offers
as good a security as a policy of insurance in respect of the full
amount of the liability of the employer under this Act, direct that
such bond be given and that, so long as it continues in force, it
shall stand in lieu of the policy of insurance required under
subsection (1); and every such bond shall be made in favour of the
Permanent Secretary to the Minister, and shall be deposited with
the Registrar General.
(4) The Permanent Secretary to the Minister shall, upon
any employer failing to pay any sum of money agreed upon or
adjudged by the Commissioner to be paid as compensation under
this Act for the benefit of a workman who has been injured, enforce
the guarantee bond given in relation to that workman; and the bond,
if given to secure the payment of compensation in respect of other
workmen, shall remain in force as regards the other workmen
notwithstanding such enforcement.
(5) Any condition in a policy of insurance providing that
no liability shall arise under the policy, or that any liability so arising
shall cease in the event of some specified thing being done or omitted
to be done after the happening of the accident giving rise to a claim
under the policy, shall be of no effect upon any claim made by a
Compulsory
insurance
against
workmen’s
compensation
claims.
* See section 1 (2)(b).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 31
workman who has been injured. However, nothing in this subsection
shall be taken to render void any provision in a policy requiring the
insured employer to repay to the insurer any sums which the latter
may have become liable to pay under the policy and which have
been applied to the satisfaction of any such claim.
(6) Any employer who contravenes subsection (1) or
subsection (2) shall be guilty of an offence against this Act, and
such offence so long as the default continues shall be deemed to
be a continuing offence.
25. (1) If, after a policy of insurance has been issued in favour
of an employer, he incurs any liability to a workman who has been
injured, then notwithstanding anything to the contrary in such
policy of insurance, the insurer shall discharge such liability
including any sum payable in respect of costs in the manner
prescribed in section 9.
(2) No sum is payable by an insurer under this section
unless—
(a) in the case of compensation agreed upon between
the employer and a workman who has been
injured, such insurer consented to pay the sum
agreed upon as compensation to the said
workman; or
(b) in the case of compensation adjudged by the
Commissioner to be paid to a workman who has
been injured, the insurer had notice of
application to determine the compensation in
time to enable him to apply to be added as a
defendant, if he is so minded; or in respect of
any judgment to pay compensation, so long as
execution thereon is stayed by the Commissioner
or pending appeal; or in respect of a policy of
insurance, if before the happening 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
provision contained therein.
Conditions
under which
liability for
payment by
insurer arises.
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32 Chap. 88:05 Workmen’s Compensation
(3) If notice of application to determine any compensation
is given to an insurer in time to enable him to apply to the
Commissioner to be added as a defendant, the Commissioner shall
add the insurer as a defendant and he shall have the same right to
defend the proceedings as if he were the employer.
26. Notwithstanding any written law prescribing the conditions
for the grant or issue of any licence to commence or carry on any
trade or business in which any workman is engaged by an employer,
no such licence shall be granted or issued unless, by the production
of a policy of insurance or an office copy of a guarantee bond, the
applicant first satisfies the authority authorised to grant or issue
such licence that he has complied with section 24.
27. If, at the time of the happening of any event entitling a
workman who has been injured to compensation under this Act,
the employer liable to pay such compensation is not covered by
insurance in respect of liability as required by this Act, then in the
event of the employer becoming bankrupt or making a composition
or arrangement with his creditors or, if the employer is a company,
in the event of the company having commenced to be wound up or
a receiver or manager of the company’s business or undertaking
having been duly appointed, or possession having been taken, by
or on behalf of the holders of debentures secured by a floating
charge, of any property comprised in or subject to the charge—
(a) the liability of the employer to pay the workman
who has been injured compensation under this
Act shall devolve upon and be discharged by the
person (if any) who shall have entered into a
guarantee bond as surety to the employer under
section 24, and such person shall in all respects
be bound, as if he were the employer, by any order,
decision or award made in favour of the workman
who has been injured; but
(b) if no person has entered into a guarantee bond as
mentioned above—
(i) the workman who has been injured may
prove for the compensation or balance of
compensation due and payable to him in
Restriction on
the grant or
issue of licences
to carry on trade
or business.
Bankruptcy of
employer.
In case of a
guarantee bond.
Where liability
is wholly
uninsured.
Proof in
bankruptcy.
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UPDATED TO DECEMBER 31ST 2014
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Workmen’s Compensation Chap. 88:05 33
the bankruptcy or liquidation, or, as the case
may be, he may recover the same from the
receiver or manager; and
(ii) there shall be included amongst the debts
which under section 37 of the Bankruptcy
Act are, in the distribution of the property
or assets of a bankrupt, to be paid in priority
to all other debts, the amount due in respect
of any compensation or liability for
compensation accrued before the date of
the receiving order; and where the
compensation is a half-monthly payment,
the amount due in respect thereof shall, for
the purposes of this provision, be taken to
be the amount of the lump sum for which
the half-monthly payment could, if
redeemable, be redeemed if the employer
made an application for that purpose under
this Act, and a certificate of the
Commissioner as to the amount of such
sum shall be conclusive proof thereof.
28. (1) If, with intent to deceive, any person—
(a) forges within the meaning of the Forgery Act, or
alters or uses or lends to or allows to be used by
any other person, a policy of insurance, or an
office copy of a guarantee bond executed pursuant
to the provisions of this Act; or
(b) makes or has in his possession any document so
closely resembling such a policy of insurance or
an office copy of such guarantee bond as to be
calculated to deceive,
he shall be liable on conviction on indictment to imprisonment for
two years.
(2) If any person for the purpose of obtaining the issue
of a policy of insurance makes any false statement or withholds
any material information, he shall be guilty of an offence against
this Act.
Priority.
Ch. 9:70.
Forgery, etc., of
policies of
insurance.
Ch. 11:13.
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LAWS OF TRINIDAD AND TOBAGO
34 Chap. 88:05 Workmen’s Compensation
(3) Any person who issues a policy of insurance which is
to his knowledge false in any material particular, is guilty of an
offence against this Act.
(4) If any person to whom an employer is required by
section 24(2) to produce for inspection his policy of insurance has
reasonable cause to believe that any policy of insurance produced
to him in pursuance of this requirement is a document in relation
to which an offence under this section has been committed, he
may seize the document, and when any document is seized under
this section, the employer from whom it was taken shall, unless
previously charged with an offence under this section, be
summoned before a Magistrate to account for his possession of
the said document, and the Magistrate shall make such order
respecting the disposal of the said document and award such costs
as the justice of the case may require.
29. In this Part—
(a) “policy of insurance” means a policy of insurance
or indemnity issued by an insurer and insuring or
indemnifying the holder thereof against the full
amount of his liability under this Act in respect
of a workman employed by him;
(b) a reference to a workman who has been injured
shall be construed as including a reference to a
workman who has been disabled by a disease
mentioned in the First Schedule.
*PART VI
COMMISSIONERS
30. (1) If any question arises in any proceedings under this
Act as to the liability of any person to pay compensation
(including any question as to whether a person injured is or is
not a workman) or as to the amount or duration of compensation
(including any question as to the nature or extent of
disablement), the question shall, in default of agreement, be
settled by a Commissioner.
Definition.
First Schedule.
Reference to
Commissioners.
* See section 1 (2)(a).
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(2) No Court shall have jurisdiction to settle, decide or
deal with any question which is by or under this Act required to be
settled, decided or dealt with by a Commissioner or, save as in this
Act, provided by, to enforce any liability incurred under this Act.
31. (1) The Masters of the High Court shall be Commissioners
for Trinidad and Tobago, and the Magistrate from time to time
assigned for duty as such in Tobago shall, in addition to the Masters
of the High Court, be a Commissioner for Tobago.
(2) Any Commissioner may, for the purpose of deciding
any matter referred to him for decision under this Act, appoint one
or more persons possessing special knowledge of any matter
relevant to the matter under enquiry to assist him in holding
the enquiry.
32. (1) No application for the settlement of any matter by the
Commissioner shall be made unless some question has arisen
between the parties in connection therewith which they have been
unable to settle by agreement.
(2) Where any such question has arisen, the application
may be made in such form and shall be accompanied by such fee,
if any, as may be prescribed, and shall contain, in addition to any
particulars which may be prescribed, the following particulars,
namely:
(a) a concise statement of the circumstances in which
the application is made and the relief or order
which the applicant claims;
(b) in the case of a claim for compensation against
an employer, the date of service on the employer
of notice of the accident required by section 11
and, if such notice has not been served or has not
been served in due time, the reason for such
omission;
(c) the names and addresses of the parties; and
(d) a concise statement of the matters on which
agreement has and of those on which agreement
has not been reached.
Judges of High
Court to be
Commissioners.
[18 of 1986].
Application to
Commissioner.
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LAWS OF TRINIDAD AND TOBAGO
36 Chap. 88:05 Workmen’s Compensation
(3) If the applicant is illiterate or for any other reason is
unable to furnish the required information in writing, the application
shall, if the applicant so desires, be prepared under the direction of
the Registrar.
33. The Commissioner shall have all the powers of the High
Court for the purpose of enforcing the attendance of witnesses,
compelling the production of documents and material objects,
administering oaths and taking evidence, amending any defect
or error in any proceeding, enlarging the time appointed for
taking any proceeding or for doing any act, and punishing for
contempt of Court.
34. (1) The Commissioner may, subject to Regulations made
under this Act, submit to a medical referee for report any matter of
a medical character which seems material to any question arising
in the course of the proceedings before him.
(2) When the Commissioner has decided to refer a matter
to a medical referee by virtue of subsection (1), he shall fix the time
within which the parties may come to an agreement as to the choice
of a medical referee, and failing such agreement the Commissioner
shall refer the matter to a medical referee chosen by him.
(3) A medical referee to whom any such reference is made
shall, in accordance with the Regulations made under this Act,
give a certificate of his findings and such certificate shall be
conclusive evidence as to the matters so certified.
(4) Regulations may be made by the Minister for
prescribing the duties of the medical referee in cases of reference
made under this section and the forms to be used.
35. Any appearance, application or act required to be made or
done by any person before or to the Commissioner (other than an
appearance of a party which is required for the purpose of his
examination as a witness) may be made or done on behalf of such
person by an Attorney-at-law or, with the leave of the Commissioner,
by the son, daughter, father, mother, brother, sister, husband or wife
or any person in the permanent employment of such person.
Powers and
procedure of
Commissioners.
Reference by
Commissioner
to medical
referee.
Persons entitled
to appear, etc.,
before
Commissioner.
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36. No person other than an Attorney-at-law who appears or
acts on behalf of any party in connection with proceedings before
the Commissioner under this Act is entitled to any fee or reward
for so appearing or acting.
37. The Commissioner shall make notes of the evidence of
every witness as the examination of the witness proceeds, and
such notes shall be written and signed by the Commissioner with
his own hand and shall form part of the record; but the evidence
of any medical witness shall be taken down as nearly as may be
word for word.
38. All costs incidental to any proceedings before the
Commissioner shall, subject to Regulations made under this Act,
be in the discretion of the Commissioner.
39. (1) At the conclusion of the hearing of every application
for the settlement of a matter by the Commissioner he shall give
such decision and order as may be necessary for finally disposing
of all or any questions arising upon the application and shall duly
record the same.
(2) Where the order directs the payment of compensation
or the payment for provision of medical aid under this Act or the
variation of the amount or rate of payment of compensation
previously ordered by the Commissioner or settled by agreement,
the Commissioner shall direct the Registrar to record a
memorandum of his order in a register in the prescribed manner.
40. (1) Subject to this section, where the amount of
compensation under this Act has been settled or varied by
agreement, a memorandum thereof shall be sent by the employer,
and may be sent by any party interested, to the Registrar who shall,
on being satisfied as to its genuineness, duly record the
memorandum in a register in the prescribed manner.
(2) No such memorandum shall be recorded before seven
days after communication by the Registrar of notice to the parties
concerned.
Fees.
Commissioner
to take notes of
evidence.
Costs.
Registration of
orders.
Registration of
agreements.
[29 of 1968].
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LAWS OF TRINIDAD AND TOBAGO
38 Chap. 88:05 Workmen’s Compensation
(3) Where a workman seeks to record a memorandum of
agreement between his employer and himself for the payment of
compensation and the employer proves that the workman has, in
fact, returned to work and is earning the same 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 Registrar thinks just in the circumstances.
(4) The Registrar may at any time rectify the register.
(5) Where it appears to the Registrar that an agreement
as to the payment of a lump sum, whether by way of redemption
of a half-monthly payment or otherwise, or an agreement as to the
amount of compensation payable to a person under any legal
disability, or to dependants, ought not to be registered by reason of
the inadequacy of the sum or amount, or by reason of the agreement
having been obtained by fraud or undue influence or other improper
means, he may refuse to record the memorandum of the agreement,
in which event he shall refer the matter to the Commissioner for
him to make such order, including an order as to any sum already
paid under the agreement, as the Commissioner may think just in
the circumstances.
(6) Where a memorandum of agreement for the payment
of a lump sum is sent for registration in accordance with this section,
the Registrar shall have power in accordance with Rules of Court
made under section 49—
(a) to require either party to the agreement to furnish
him either orally or in writing with such
information as he may consider necessary, or to
require the attendance before him of any of the
parties to the agreement;
(b) when the information as to the workman’s
condition appears to him to be insufficient or
conflicting, to require a report as to the workman’s
condition to be obtained from a medical referee
chosen by both parties or, if they fail to agree as
to the choice of a medical referee within the time
fixed by the Registrar, by a medical referee chosen
by the Registrar;
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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and, in the event of either of the parties failing to comply with any
such requirement of the Registrar, the Registrar may refuse to record
the memorandum.
(7) Where it appears from any report made by a medical
referee that the prospects of the workman’s recovery from
incapacity cannot as yet be approximately determined, the Registrar
may refuse to record the memorandum.
(8) The Commissioner may, within six months after a
memorandum of an agreement as to the payment of a lump sum
whether by way of redemption of a half-monthly payment or
otherwise, or of an agreement as to the amount of compensation
payable to a person under any legal disability, or to dependants,
has been recorded in the register, order that the record be removed
from the register on proof to his satisfaction that the agreement
was obtained by fraud or undue influence or other improper means,
and may make such order (including an order as to any sum already
paid under the agreement) as he thinks just in the circumstances.
(9) Any memorandum of agreement to which this section
applies shall disclose the amount (if any) paid or payable as costs
under or in respect of the agreement by the employer to the
Attorney-at-law for the workman who has been injured, and, if it
appears to the Registrar that the amount is excessive, the Registrar
shall, subject to Rules of Court made under this Act, tax such costs;
and if the costs are reduced on taxation, the amount of such
reduction shall either be applied or dealt with for the benefit of the
workman who has been injured or paid to the employer.
41. Every memorandum and every amendment to a
memorandum registered under section 39 or section 40, and every
order made under section 40 when recorded as required by the
said sections, shall thereupon for all purposes be enforceable as a
High Court judgment.
42. Where a memorandum of any agreement, the registration
of which is required by section 40, is not sent to the Registrar as
required by that section, the employer is liable to pay the full amount
of compensation which he is liable to pay under this Act and,
Costs paid by
employer to
workman’s
Attorney-at-law
to be disclosed.
Orders and
agreements
enforceable as
High Court
judgments.
Effect of failure
to register
agreement.
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UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
40 Chap. 88:05 Workmen’s Compensation
notwithstanding anything contained in the proviso to section 5(1),
shall not, unless the Commissioner otherwise directs, be entitled
to deduct more than half of any amount paid to the workman by
way of compensation whether under the agreement or otherwise.
43. (1) Subject to this section and section 16, an appeal shall
lie to the Court of Appeal from any order of the Commissioner.
(2) Except upon the certificate of the Commissioner or
with the leave of the Court of Appeal (neither of which shall be
granted unless in the opinion of the Commissioner or the Court of
Appeal, as the case may be, some substantial question of law is
involved in the appeal), no appeal shall lie if the amount in dispute
is less than five hundred dollars.
(3) No appeal shall lie in any case in which the parties
have agreed to abide by the decision of the Commissioner, or in
which the order of the Commissioner gives effect to an agreement
arrived at by the parties.
(4) Save in so far as the same may be modified by any
Rules of Court made under this Act, the Rules of the Supreme Court
for the time being in force as to appeals to the Court of Appeal in
civil matters shall, with the necessary modifications, apply to appeals
under this section from orders of the Commissioner.
PART VII
GENERAL
44. (1) The Minister may, by Notification in the Gazette, direct
that every employer shall send within such time and in such form
and to such person as may be specified in the Notification a correct
return specifying the number of injuries in respect of which
compensation has been paid by the employer during the previous
year and the amount of such compensation, together with such other
particulars as to the compensation as the Minister may direct.
(2) Any person required to make any return in pursuance
of subsection (1) who—
(a) fails to make such return within the time specified
for doing so;
Appeals.
[51/1980].
Returns as to
compensation.
UNOFFICIAL VERSION
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(b) makes or causes to be made any such return which
he knows or has reasonable cause to believe to
be false in any material particular; or
(c) on being so required, fails to give any information
or explanation respecting the return which it is in
his power to give,
is guilty of an offence against this Act, and such offence so long as the
default continues shall be deemed to be a continuing offence.
45. Any contract or agreement, whether made before or after the
commencement of this Act (that is, 15th November 1960), whereby a
workman relinquishes any right of compensation or to medical aid
from the employer as provided by this Act, shall be null and void in so
far as it purports to remove or reduce the liability of any person to pay
compensation or provide medical aid under this Act.
46. In the assessment of compensation under this Act in the
case of—
(a) any workman in, or selected for appointment to,
the service of the Government of Trinidad and
Tobago before 1st December 1938 where, in
consequence of injury received by any such
workman in the discharge of his duties, a pension
or gratuity which would not be payable if such
injury were received otherwise is paid out of
public funds to him or, in the case of his death, to
any of his dependants; or
(b) any workman in the employment of any public
or local authority where, in the case of injury
received by him in the discharge of his duties,
provision exists by law for the grant of a pension
or gratuity to such workman or, in the case of his
death, to any dependants,
the amount of such pension or gratuity shall be taken into consideration
and corresponding reductions shall be made in the amount which such
workman or his dependants, as the case may be, would otherwise
have been awarded as compensation under this Act.
Contracting
out.
Workmen in
employment of
Government and
of local
authorities.
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LAWS OF TRINIDAD AND TOBAGO
42 Chap. 88:05 Workmen’s Compensation
47. (1) This Act shall apply to masters, seamen and apprentices
to the sea service, provided that such persons are workmen within the
meaning of this Act and are members of the crew of any ship registered
in Trinidad and Tobago or of any other British ship or vessel of which
the owner, or (if there is more than one owner) the managing owner,
or manager resides or has his principal place of business in Trinidad
and Tobago, subject to the following modifications:
(a) the notice of accident and the claim for
compensation may, except when the person
injured is the master, be given to the master of
the ship as if he were the employer, but where the
accident happened and the disability commenced
on board the ship it shall not be necessary to give
any notice of the accident;
(b) in the case of the death of the master, seaman or
apprentice, the application for compensation shall
be made within six months after the news of the
death has been received by the claimant;
(c) whenever in the course of any legal proceeding
under this Act the testimony of any witness is
required in relation to the subject matter of the
proceeding then, upon due proof that the witness
cannot be found, any deposition which the witness
may have previously made on oath in relation to
the same subject matter before any Justice or
Magistrate in any Commonwealth territory or
before a Trinidad and Tobago diplomatic agent or
consular office elsewhere where and which, if the
proceeding had been under the Merchant Shipping
Act 1894, of the United Kingdom would have been
admissible in such proceeding by virtue of sections
691 and 695 of that Act, shall be admissible in
evidence subject to similar conditions as are laid
down in the said sections 691 and 695;
(d) in case of the death of a master, seaman or
apprentice leaving no dependants, no
compensation shall be payable if the owner of
the ship is under the said Merchant Shipping Act
1894, liable to pay the expenses of burial.
Application to
persons
employed on
ships or vessels.
[46 of 1979].
57 and 58 Vict.,
c. 60.
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(2) This Act also applies to any person not being a master,
seaman or apprentice to the sea service, employed on board any
such ship as is mentioned in this section, if he is so employed for
the purposes of the ship or of any passengers or cargo or mails
carried by the ship, and if he is otherwise a workman within the
meaning of this Act.
(3) In this section—
“ship”, “vessel”, “seaman”, and “port” have the same meaning
as in the said Merchant Shipping Act 1894;
“master” in relation to a ship means the ship’s husband or other
person to whom the management of the ship is entrusted by
or on behalf of the owner.
48. Any person who is guilty of an offence against this Act for
which no special punishment is provided is liable on summary
conviction to a fine of one thousand five hundred dollars or to
imprisonment for six months or, if such person is a corporation, to a
fine of five thousand dollars and in the case of a continuing offence
such person is liable to a further fine of seventy-five dollars, or if a
corporation one hundred and fifty dollars, for every day or part of a
day during which such offence is held to be a continuing offence.
49. (1) The Rules Committee of the Supreme Court
established by the Supreme Court of Judicature Act may subject
to affirmative resolution of Parliament make Rules of Court for—
(a) prescribing the manner in which documents are
to be furnished or served and applications made
under section 13 of this Act, the procedure for
appeals to the Commissioner under the said
section, and the forms to be used for those
purposes;
(b) regulating the procedure and practice in respect
of reports required by the Registrar under section
40(6) and of appeals under section 43 of this Act.
(2) No such Rules of Court shall come into operation until
the same have been laid before Parliament and until the expiration
General
penalty.
Rules of Court.
Ch. 4:01.
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LAWS OF TRINIDAD AND TOBAGO
44 Chap. 88:05 Workmen’s Compensation
of one month after the publication of such rules in the Gazette; but
when such Rules of Court come into operation they shall have
effect as if enacted by this Act and shall be judicially noticed.
50. (1) The Minister may make Regulations for all or any of
the following purposes:
(a) for prescribing the intervals at which and the
conditions subject to which an application for
review may be made under section 7 when not
accompanied by a medical certificate;
(b) for prescribing the intervals at which and the
conditions subject to which a workman may be
required to submit himself for medical
examination under section 12(1);
(c) for prescribing the procedure to be followed by
Commissioners in the disposal of matters under
this Act and by the parties in such matters;
(d) for regulating the transfer of matters from one
Commissioner to another and the transfer of
money in such matters;
(e) for prescribing the manner in which money in the
hands of a Registrar may be invested for the
benefit of dependants of a deceased workman and
for the transfer of money so invested from one
Registrar to another;
(f) for the representation in proceedings before
Commissioners of parties who are minors or are
unable to make an appearance;
(g) for prescribing the form and manner in which
memoranda of agreements shall be presented to
and registered by the Registrar;
(h) for the withholding by Commissioners, whether
in whole or in part, of half-monthly payments
pending decision on applications for review of
the same;
(i) for prescribing the costs which may be allowed
in respect of any claim or proceedings under
this Act;
Power to make
Regulations.
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(j) for prescribing the fees to be paid in respect of
any claim or proceedings under this Act;
(k) for prescribing the fees to be paid to any person
appointed to assist a Commissioner under section
31(2);
(l) for the maintenance by the Registrar of registers
and records of proceedings before the
Commissioners;
(m) for providing for any matters which are required
or authorised by this Act to be prescribed; and
(n) generally for carrying out the provisions of
this Act.
(2) Regulations made under this section may prescribe in
respect of any contravention thereof or failure to comply therewith
or with any directions issued thereunder a penalty not exceeding
seven hundred and fifty dollars on summary conviction.
(3) Regulations made under this section shall have no
force or effect until they have been approved by Parliament.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
46 Chap. 88:05 Workmen’s Compensation
FIRST SCHEDULE
Occupational Diseases
PART I
Occupation or description of WorkDescription of Disease
Work in connection with animals or the
handling of animal carcasses or parts of
such carcasses or of wool, hair, bristles,
hides, skins, hoofs or horns.
Any process involving the production,
liberation or utilisation of arsenic or its
preparations or compounds.
Any process involving the production,
liberation or handling of lead or its
compounds, or any work involving the
use of lead or its preparations or
compounds.
Any process involving the use or handling
of, or exposure to the fumes, dust or
vapour of mercury or a compound of
mercury, or a substance containing
mercury.
Any process involving the use or handling
of, or exposure to the fumes, dust or
vapour of, phosphorus or a compound
of phosphorus, or a substance containing
phosphorus.
Any process involving the production,
liberation or utilisation of benzene or its
homologues, or their nitro-and
amido-derivatives.
Any process involving the production,
liberation or utilisation of halogen
derivatives of hydrocarbons of the
aliphatic series (designated by national
laws or regulations).
Any process involving exposure to the action
of radium, radio-active substances or
X-rays.
(1) Anthrax
(2) Arsenic Poisoning or its
sequelae
(3) Lead Poisoning or its
sequelae
(4) Mercury Poisoning or its
sequelae
(5) Phosphorus Poisoning or its
sequelae
(6) Poisoning by benzene or its
homologues, their nitro-
and amido- derivatives,
and its sequelae
(7) Poisoning by the halogen
derivatives of
hydrocarbons of the
aliphatic series
(8) Pathological
Manifestations due to—
(a) Radium or other
radio-active
substances
(b) X-rays
}
Section 2, 17, 21
and 22.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 47
Occupation or description of WorkDescription of Disease
Any process involving the use or handling
of, or exposure to, tar, pitch, bitumen,
mineral oil (including kerosene), soot or
any compound, product or residue of
any of these substances.
Chromium plating, tanning of leather
involving the use of chromates or
chromic acid.
Any occupation involving—
(a) the mining, quarrying or working
of silica rock or the working of
dried quartzose sand or any dry
deposit or dry residue of silica or
any dry admixture containing such
materials (including any
occupation in which any of the
aforesaid operations are carried
out incidentally to the mining or
quarrying of other minerals or to
the manufacture of articles
containing crushed or ground
silica rock);
(b) the handling of any of the materials
specified in the foregoing
subparagraph in or incidental to any
of the operations mentioned therein,
or substantial exposure to the dust
arising from such operations.
Any occupation involving the processing, use
or handling of, or exposure to asbestos
or to a compound of asbestos or any
substance containing asbestos.
The making of synthetic abrasives and any
occupation involving the liberation of
fumes caused by the fusion of the ore
known as bauxite with silica or any of
its compounds.
(c) Ulceration of the
corneal surface
of the eye
(d) Localised new
growth of the
skin, papilomatous
or keratotic
(9) Poisoning by Chromates
or Chromic Acid
(10) Pneumoconioses
(i) Asbestosis
(ii) Bauxite Pulmonary
Fibrosis (Shaver’s
Disease)
}
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
48 Chap. 88:05 Workmen’s Compensation
Any occupation involving the processing, use
or handling of silica aluminium
compounds.
Any occupation or process involving the use
of finely powdered hydrous silicate.
(iii) Mica Pneumoconiosis
(iv) Talc Pneumoconiosis
Occupation or description of WorkDescription of Disease
Occupational Diseases— Continued
Occupation or description of WorkDescription of Disease
Any occupation involving the processing, use
or handling of, or exposure to bagasse
or a compound of bagasse or a substance
containing bagasse.
Any occupation involving the making of
fluorescent lamps.
Processes in which large quantities of cotton
dust are present.
Any occupation involving close and frequent
contact with a source or sources of
tuberculosis infection by reason of
employment—
(a) in the medical treatment or nursing
of a person or persons suffering from
tuberculosis, or in a service ancillary
to such treatment or nursing;
(b) in attendance upon a person or
persons suffering from
tuberculosis, where the need for
such attendance arises by reason of
physical or mental infirmity;
(c) as a research worker engaged in
research in connection with
tuberculosis;
(d) as a laboratory worker, pathologist
or post mortem worker, where the
occupation involves working with
material which is a source of
tuberculosis infection, or in an
occupation ancillary to such
employment.
(1) Bagassosis
(2) Berylliosis
(3) Byssinosis
(4) Tuberculosis
PART II
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 49
SECOND SCHEDULE
List of injuries deemed to result in permanent disablement
Percentage
of
Incapacity
Loss of two limbs ........................................................................ 100
Loss of both hands or of all fingers and both thumbs ................. 100
Total loss of sight ......................................................................... 100
Total Paralysis ............................................................................. 100
Injuries resulting in being bedridden permanently ...................... 100
Any other injury causing permanent total disablement ............... 100
Loss of remaining eye by one-eyed workman ............................. 100
Loss of remaining arm by one-armed workman.......................... 100
Loss of remaining leg by one-legged workman .......................... 100
Loss of arm at shoulder ............................................................... 70
Loss of arm between elbow and shoulder ................................... 70
Loss of arm at elbow ................................................................... 70
Loss of arm between wrist and elbow ......................................... 65
Loss of hand at wrist .................................................................... 60
Loss of four fingers and thumb of one hand ................................ 60
Loss of four fingers ..................................................................... 35
Loss of thumb—
both phalanges ...................................................................... 35
one phalanx ........................................................................... 25
Loss of index finger—
three phalanges ..................................................................... 10
two phalanges ....................................................................... 8
one phalanx ........................................................................... 4
Loss of middle finger—
three phalanges ..................................................................... 6
two phalanges ....................................................................... 4
one phalanx ........................................................................... 2
Loss of ring finger—
three phalanges ..................................................................... 5
two phalanges ....................................................................... 4
one phalanx ........................................................................... 2
Description of Injury
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
50 Chap. 88:05 Workmen’s Compensation
Loss of little finger—
three phalanges ..................................................................... 5
two phalanges ....................................................................... 4
one phalanx ........................................................................... 2
Loss of metacarpals—
first or second (additional ..................................................... 3
third, fourth or fifth (additional) ........................................... 2
Loss of leg at or above knee ................................................................... 70
Loss of leg below knee ........................................................................... 50
Loss of foot ............................................................................................. 50
Loss of toes of one foot—
all .................................................................................................... 20
great, both phalanges ...................................................................... 10
great, one phalanx ........................................................................... 2
other than great, if more than one toe lost .............................. each 1
Loss of eye—
eye out ............................................................................................. 30
sight of ............................................................................................ 30
lens of .............................................................................................. 30
sight of, except perception of light ................................................. 30
Loss of hearing—
both ears .......................................................................................... 50
one ear ............................................................................................. 7
List of injuries deemed to result in permanent
disablement—Continued
Percentage
of
Incapacity
Description of Injury
Total permanent loss of use of member shall be treated as loss of member.
The percentage of incapacity for ankylosis of any joint shall be reckoned as
from 25 to 100 per cent of the incapacity for loss of the part at that joint, according
to whether the joint is ankylosed in a favourable or unfavourable position.
In the case of a right-handed workman, an injury to the left arm or hand and,
in the case of a left-handed workman, to the right arm or hand shall be rated at
ninety per cent of the above percentages.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 51
Where there is a loss of two or more parts of the hand, the percentage of
incapacity shall not be more than for the whole hand.
Where there are two or more injuries, the sum of the percentages for such
injuries may be increased, and where such injuries are to the hand, the following
basis of computing the increase shall be adopted:
(a) where two digits have been injured, the sum total of the
percentages shall be increased by twenty per cent of such
sum total;
(b) where three digits have been injured, the sum total of the
percentages shall be increased by thirty per cent of such
sum total;
(c) where four digits have been injured, the sum total of the
percentages shall be increased by forty per cent of such
sum total.
A one-eyed workman who on entering employment has failed to disclose the
fact that he is one-eyed to his employer shall, if he loses his remaining eye, be
entitled to compensation in respect of a degree of disablement of thirty per cent
only.
For the purposes of this Schedule, “one-eyed workman” means a workman
who has an eye out, lost the sight of one eye, lost the lens of one eye or lost the
sight of one eye except perception of light.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
52 Chap. 88:05 Workmen’s Compensation
SUBSIDIARY LEGISLATION
MEDICAL REFEREES RULES OF COURT
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
APPLICATION FOR REFERENCE TO MEDICAL
REFEREE UNDER SECTION 13 OF THE ACT
3. Application to Registrar.
4. Reference to medical referee.
5. Order on workman to submit to examination.
6. Notice of certificate of referee.
APPEALS FROM THE REGISTRAR TO THE
COMMISSIONER
(SECTION 13)
7. Request for entry of appeal.
8. Notice of hearing.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 53
[Subsidiary]
MEDICAL REFEREES RULES OF COURT
*deemed to be made under section 49
1. These Rules may be cited as the Medical Referees Rules
of Court.
2. In these Rules—
“application” means an application for reference to a medical
referee under section 13 of the Act;
“Form” means a form in the Schedule to these Rules;
“section” means a section of the Act;
“the Registrar” means the Registrar of the Supreme Court;
“Commissioner” means a Commissioner for workmen’s
compensation;
“medical referee” means a member of the Medical Board of
Trinidad and Tobago appointed by the Minister to act as
medical referee for the purposes of the Act;
“reference” means the appointment of a medical referee to give
a certificate in pursuance of section 13 of the Act.
APPLICATION FOR REFERENCE TO MEDICAL
REFEREE UNDER SECTION 13 OF THE ACT
3. (1) An application to the Registrar to refer any matter
to a medical referee shall be made in writing, and where the
application is made by only one of the parties shall be made on not
less than four days’ notice in writing and shall contain a statement
of the facts which render the application necessary, according to
the form in the Schedule, and shall be accompanied by a copy of
the report of every medical practitioner who has examined the
workman either on behalf of the employer or on the selection of
the workman.
(2) The application shall be signed by or on behalf of one
or both of the parties as the case may be; and the applicant or
applicants shall file copies of the application and reports for the
use of the medical referee.
117/1946.
Citation.
Interpretation.
Application to
Registrar.
Form 1.
*These Rules were made under section 35 of the Workmen’s Compensation Ordinance
(Ch. 22 No. 14— 1950 Ed.) (now repealed) and continue in force by virtue of section 29(3) of the
Interpretation Act (Ch. 3:01).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
54 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Medical Referees Rules of Court
4. On the hearing of the application the Registrar may, subject
to appeal to a Commissioner refer the matter to a medical referee;
and shall forward to such medical referee by registered post one of
the filed copies of the application and reports, with an order of
reference according to the form in the Schedule; but where the
application is made by only one of the parties the Registrar or on
appeal a Commissioner, if he is of opinion that owing to the
exceptional difficulty of the case or for any other sufficient reason
the matter ought to be settled in default of agreement by arbitration,
shall refuse to allow the reference, and may in that case make such
order as to the costs of the application as he shall think fit.
5. (1) The Registrar shall also make an order directing the
workman to submit himself for examination by the medical referee,
subject to and in accordance with any Regulations made by the
Minister.
(2) Before making such order the Registrar shall inquire
whether the workman is in a fit condition to travel for the purpose
of examination, and if satisfied that he is in a fit condition shall by
the order direct him to attend at such time and place as the referee
may fix, and if satisfied that he is not in a fit condition to travel
shall so state in the order of reference; and it shall be the duty of
the workman, on being served with the order, to submit himself
for examination accordingly.
(3) The Registrar shall deliver or send by registered post
to each party a copy of the order of reference, and shall send to the
workman a copy of the order directing him to submit himself for
examination.
(4) The medical referee shall forward his certificate in
the matter to the Registrar by registered post.
6. (1) On the receipt of the certificate of the medical referee
the Registrar shall inform the parties by post that it has been
received, and shall permit any party to inspect the same during
office hours, and shall on the application and at the cost of either
party furnish him with a copy of the certificate, or allow him to
take a copy thereof.
Reference to
medical referee.
Form 2.
Order on
workman to
submit to
examination.
Form 3.
Notice of
certificate of
referee.
Form 4.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 55
Medical Referees Rules of Court [Subsidiary]
(2) The costs of any application to the Registrar may be
allowed as costs in any subsequent arbitration for the settlement
of the weekly payment to be made to the workman, or, where the
application is made after the weekly payment has been settled, as
costs in any subsequent arbitration as to the review of such weekly
payment or may be allowed by special order of a Commissioner
on application in that behalf, such application to be made on not
less than four days’ notice in writing.
APPEALS FROM THE REGISTRAR TO THE
COMMISSIONER
(SECTION 13)
7. If the Registrar on the application of one party refers the
matter to a medical referee under section 13(1) of the Act the other
party (in this rule called “the Appellant” ) if aggrieved and desirous
of appealing therefrom shall, within 4 days of receiving notification
from the Registrar of the reference, file with the Registrar a request
for entry of the appeal stating the grounds of appeal and stating
also the names and addresses of the persons intended to be served
(in this rule called “the Respondents”) and the appellant’s address
for service, together with as many copies of the request as there
are respondents.
8. On the filing of such request the Registrar shall—
(a) enter the appeal in the books of the Court and fix
a day for the hearing of the appeal by a Judge in
Chambers;
(b) serve on the appellant and respondent a notice in
Form (6) by delivering at or posting the same to
them at the address contained in the request.
Request for
entry of appeal.
Form 5.
Notice of
hearing.
Form 6.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
56 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Medical Referees Rules of Court
SCHEDULE
FORM 1
Application for Reference to Medical Referee
IN THE MATTER OF THE WORKMEN’S COMPENSATION ACT
In the matter of a claim for compensation made by A.B. ......................... of
................. against C.D. & Co., Limited ................, of ......................(or where
an arbitration is pending):
In the matter of an arbitration between A.B.
of (address) ............................(description) .............................................................
..............................................................Applicant.
and
C.D. & Co., Limited................. of ................(address) ........................(description)
..............................................................................................Respondents.
(or where application is made after weekly payment has been settled):
In the matter of an agreement (or a decision or award or certificate) recorded
in the above-mentioned Court as to the weekly payment payable to A.B. .........,
of ..................., by C.D. & Co., Limited .............., of ......................
Application is hereby made to the Court on behalf of the above-named A.B.
............... and C.D. & Co., Limited, for a reference in the above-mentioned
matter to a medical referee pursuant to sectin 3(1) of the above-mentioned Act
under the following circumstances:
1. On .............the ............day of .............notice was given by (or on behalf
of) the above-mentioned A.B. .............. to the above-mentioned C.D. & Co.,
Limited ............., of personal injury caused to the said A.B. ........... by accident
arising out of and in the course of his employment, in respect of which injury
the said A.B. .................. claims compensation from the said C.D. & Co. Limited,
..............under the Act. (or where an arbitration is pending):
1. An arbitration under the Act is pending between the above-mentioned
A.B. ................. and the above-mentioned C.D. & Co. Limited, as to the amount
of compensation payable to the said A.B. under the Act in respect of personal
injury caused to him by accident arising out of and in the course of his
employment (or where weekly payment has been settled):
1. Under an agrement (or a decision or award or certificate) in the above-
mentioned ........... matter recorded in this Court on the ............. day of .............
a weekly payment is payable to the said A.B. ............... by the above-mentioned
C.D. & Co., Limited, .............................. as compensation in respect of personal
injury caused to the said A.B. .................... by accident arising out of and in the
course of his employment.
(Rule 3).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 57
Medical Referees Rules of Court [Subsidiary]
2. The weekly payment claimed by (or payable to) the said A.B. ..................
is $ ....................
3. A question has (or questions have) arisen between the said A.B.
....................... and the said C.D. & Co., Limited, as to the condition (or fitness
for employment) of the said A.B. .............. [or as to whether (or to what extent)
the incapacity of the said A.B. ..........is due to the accident)], [or as to the condition
(or fitness for employment) of the said A.B. ............ and as to whether (or to
what extent) the incapacity of the said A.B ................... is due to the accident],
and no agreement can be come to between the said C.D. & Co., Limited
........................................and the said A.B. .............. with reference to such
question (or questions).
4. The said A.B.............. has submitted himself for examination by a medical
practitioner provided by the said C.D. & Co., Limited ..............(or has been
examined by a medical practioner selected by himself) (or if so, the said A.B.
........................ has submitted himself for examination by a medical practitioner
provided by the said C.D. & Co., Limited, ............... and has also been examined
by a medical practitioner selected by himself), and a copy of the report of the
said practitioner is (or copies of the reports of the said practitioners are) annexed
to this application.
5. The applicants request that an order may be made referring the matter to a
medical referee for his certificate as to the condition of the said A.B......................
and his fitness for employment, specifying if necessary the kind of employment
for which he is fit, [or for his certificate whether (or to what extent) the incapacity
of the said A.B..................... is due to the accident] [or for his certificate as to
the condition of the said A.B......................... and his fitness for employment,
specifying if necessary the kind of employment for which he is fit, and as to
whether (or to what extent) the incapacity of the said A.B ...................... is due
to the accident].
Dated this .............. day of .............................................20................
(Signed) ....................................
Applicant.
(or Applicant’s Attorney-at-Law)
C.D. & Co.. Limited
...........................or ................................ by ...................................... Secretary.
(Attorneys-at-Law for C.D. & Co., Limited).
To the Registrar.
NOTE—Where only one party is the applicant this form shall be used with the necessary
modifications.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
58 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Medical Referees Rules of Court
NOTE—Where only one party is the applicant this form shall be used with the necessary
modifications.
(Rule 4). FORM 2
Order of Reference, section 13
(Heading as in application)
On the application of A.B. ..................... of ...................... and C.D. & Co.,
Limited, .................... of ............................ (a copy of which is hereto annexed),
I hereby appoint Mr. .................... of ....................., one of the medical referees
appointed by the Minister for the purpose of the Workmen’s Compensation Act
to examine the said ................. (name of workman), and to give his certificate
as to the condition of the said .........................and his fitness for employment,
specifying if necessary the kind of employment for which he is fit [or his
certificate whether (or to what extent) the incapacity of the said .............................
is due to the accident] [or his certificate as to the condition of the said
...................... and his fitness for employment, specifying if necessary the kind
of employment for which he is fit, and as to whether (or to what extent) the
incapacity of the said................... is due to the accident].
Copies of the reports of the medical practitioners by whom the said
...................... has been examined are hereto annexed.
The said ................, who is now at ........................ has been directed to submit
himself for examination by the referee.
I am satisfied that the said ........................ is in a fit condition to travel for the
purpose of being examined, and he has been directed to attend on the referee for
examination at such time and place as may be fixed by the referee.
(or the said ......................... does not appear to be in a fit condition to travel for
the purpose of being examined).
The referee is requested to forward his certificate to the Registrar at the
Supreme Court, Registry, Hall of Justice, Port-of-Spain, on or before the
.......................... day of ...................20.......................
Dated this ............................day of .....................20...................
..............................................
Registrar.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 59
Medical Referees Rules of Court [Subsidiary]
FORM 3
Order on Injured Workman to submit himself for Examination by
Medical Referee
(Heading as in application)
To A.B ..................., of .........................(address and description).
Take Notice that I have appointed Mr. .........................., of ..................., one
of the Medical Referees appointed by the Minister for the purpose of the
Workmen’s Compensation Act to examine you in accordance with the application
in the above-mentioned matter for a reference to a medical referee.
You are hereby required to submit yourself for examination by the referee
and to attend for that purpose at such time and place as may be fixed by him.
Dated this ............................day of .....................20......................
..............................................
Registrar.
FORM 4
Notice to Parties of Certificate of Medical Referee
(Heading as in application)
Take Notice, that I have received the certificate of the Medical Referee
appointed in this matter, and that you may inspect the same during office hours
at my office situated at the Registry, Supreme Court, in Port-of-Spain, and may
on request and at your own costs be furnished with or take a copy thereof.
Dated this ............................day of .............................. 20...........
..............................................
Registrar.
(Rule 5).
(Rule 6).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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LAWS OF TRINIDAD AND TOBAGO
60 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Medical Referees Rules of Court
FORM 5
Request for Entry of Appeal
(Heading as in application)
To the Registrar,
Workmen’s Compensation Act.
I desire to appeal against the order of the Registrar, made on the ................
day of ..................... referring the matter to a medical referee under section 13(1).
The grounds of my appeal are: [set out grounds here].
I request you to enter my appeal for hearing.
The name and address of the respondent are:
My address for service is:
Dated this ............................day of .....................20...........
..............................................
Appellant.
FORM 6
Notice to Appellant and Respondent of Day on which Matter
will be Heard
(Heading as in application)
Take Notice that the appeal in this matter from the order of the Registrar
dated the ........................ day of ......................, 20........, referring the matter to
a medical referee, will be heard by a Commissioner on the ........................ day
of ......................, 20........, at the hour of................. in the forenoon at the Court
House, Port-of-Spain, (San Fernando) and that if you do not attend at the time
and place above-mentioned such order will be made as the Commissioner
thinks just.
Dated this ............................day of ....................., 20 .........
..............................................
Registrar.
Workmen’s Compensation Act
(Rule 7).
(Rule 8).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 61
[Subsidiary]
WORKMEN’S COMPENSATION (APPEALS)
RULES OF COURT
ARRANGEMENT OF RULES
RULE
1. Citation.
2. Interpretation.
APPLICATIONS FOR LEAVE TO APPEAL
3. Application for leave.
4. Service of notice of motion.
APPEALS
5. Contents of notice.
6. Entry of notice. Parties to be served.
7. Application for notes of evidence etc.
8. Copy of notes.
9. Appeal not to stay proceedings.
10. Extension of time etc.
11. Drawing up and filing of decision.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
62 Chap. 88:05 Workmen’s Compensation
[Subsidiary]
WORKMEN’S COMPENSATION (APPEALS)
RULES OF COURT
*deemed to be made under section 49
1. These Rules may be cited as the Workmen’s Compensation
(Appeals) Rules of Court.
2. In these Rules—
“Form” means the form in the Appendix to these Rules;
“Section” means a section of the Act;
“The Registrar” means the Registrar of the Supreme Court;
“Commissioner” means a Commissioner for workmen’s
compensation.
APPLICATIONS FOR LEAVE TO APPEAL
3. (1) Applications to the Court of Appeal for leave to appeal
shall be by notice of motion, which shall set out the point or points
of law involved in the appeal.
(2) The notice of motion shall be supported by an affidavit
of such facts as it may be necessary to state to enable the Court of
Appeal to decide the question before it.
4. The notice of motion shall be entered at the Registrar’s
Office within eight days from the date of the decision or order
complained of, and shall be served together with the affidavit in
support on every party affected thereby at least eight days before
the date of hearing set out in the notice of motion.
APPEALS
5. Every appeal shall be by notice of motion, which shall
set out the point or points of law involved in the appeal, and
shall state whether all or part only of the decision or order is
complained of.
Citation.
Interpretation.
Application for
leave.
Service of
notice of
motion.
Contents of
notice.
*The Rules were made under section 35 of the Workman’s Compensation Ordinance
(Ch.22 No. 14—1950 Ed.) (now repealed) and cont inue in force by vir tue of
section 29(3) of the Interpretation Act (Ch. 3:01).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 63
Workmen’s Compensation (Appeals) Rules of Court [Subsidiary]
6. The notice of motion shall be entered in the Registrar’s
Office—
(a) in cases where the Commissioner grants his
certificate under section 43(2) of the Act, or
where the party appeals as of right, within 14
days from the date of the decision or order
complained of; and
(b) in cases where leave is granted by the Court of
Appeal, within three days from the date when the
judgment of the Court of Appeal is given,
and shall be served on every party affected thereby at least 14 days
before the date of the hearing set out in the notice of motion.
7. It shall be the duty of the Registrar forthwith upon the entry
of the appeal to apply in the Form on behalf of the Court of Appeal
to the Commissioner for a copy of the notes of evidence given and
the record of the proceedings of the matter, and for a statement of
his judgment or finding on any question of law under appeal.
8. Any party shall be entitled, on payment of the proper fee,
to obtain from the Registrar an office copy of such notes, record
and statement.
9. An appeal shall not operate as a stay of execution or of
proceedings under the decision or order appealed from except so
far as a Judge or the Court of Appeal may order.
10. The Court of Appeal shall have power to extend the time
for appealing or to amend the notice of motion or to make any
other order, on such terms as the Court shall think just, to ensure
the determination on the merits of the real questions in controversy
between the parties.
11. All decisions given by the Court of Appeal shall, unless
the Court of Appeal otherwise directs, be drawn up by the Registrar
and shall be filed by the successful party or by such other party as
the Court of Appeal directs, within seven days from the date thereof.
Entry of notice.
Parties to be
served.
Application for
notes of
evidence etc.
Copy of notes.
Appeal not to
stay
proceedings.
Extension of
time etc.
Drawing up and
filing of
decision.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
64 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation (Appeals) Rules of Court
APPENDIX
FORM
IN THE SUPREME COURT OF TRINIDAD AND TOBAGO
Appellate Jurisdiction
No. ................ 20......
IN THE MATTER OF THE WORKMEN’S COMPENSATION ACT
Between
............................................................................................................ Appellant.
and
........................................................................................................ Respondent.
TO THE COMMISSIONER.
You are hereby notified that a notice of appeal in the above-named matter
has been filed on the ................... day of ..............., 20........., under section 43,
and the same will be heard on Tuesday the...................... day of ....................,
20 ............
You are requested to forward for the use of the Court of Appeal a copy of the
notes of evidence and of the record of the proceedings of the matter and a
statement of your judgment or finding on any question of law under appeal.
Dated the............... day of ...................., 20.........
Registrar.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 65
[Subsidiary]
WORKMEN’S COMPENSATION (MEDICAL REFEREES)
REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Essentials of reference.
4. Date for examination.
5. Quarterly statement of fees.
6. Mileage allowance.
7. Record of references.
8. Fixing time or place of examination.
9. Nature of examination.
10. Form of certificate.
11. Certificate for Registrar.
12. Fees.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
66 Chap. 88:05 Workmen’s Compensation
[Subsidiary]
WORKMEN’S COMPENSATION (MEDICAL REFEREES)
REGULATIONS
*deemed to be made under section 50
1. These Regulations may be cited as the Workmen’s
Compensation (Medical Referees) Regulations.
2. In these Regulations—
“medical referee” means a member of the Medical Board of
Trinidad and Tobago appointed by the Minister to act as
medical referee for the purposes of the Act;
“reference” means the appointment of a medical referee to give
a certificate in pursuance of section 13 of the Act.
3. A medical referee shall not accept any reference under
these Regulations unless signed or countersigned by the Registrar
and sealed with the seal of the Supreme Court.
4. The date fixed by the medical referee for the examination
of the workman shall be as early as practicable, and in any case
not later (except in unavoidable circumstances) than the seventh
day after the referee receives the reference.
5. Every medical referee shall send to the Registrar at the
end of each quarter statements (accompanied by any vouchers
necessary), in the forms prescribed in the Schedule, of the fees
due to him for the quarter under these Regulations.
6. In cases where a claim is made under these Regulations
in respect of mileage allowance, the medical referee, in submitting
his quarterly statements under the preceding regulation, shall
certify the distance of the place to which he was compelled to
travel from his residence or other prescribed centre.
116/1946.
[51/1980
174/1983].
Citation.
Interpretation.
Essentials of
reference.
Date for
examination.
Quarterly
statement of
fees.
Mileage
allowance.
*These Regulations were made under section 36 of the Workmen’s Compensation Ordinance
(Ch. 22 No. 14—1950 Ed.) (now repealed) and continue in force by virtue of section 29(3) of the
Interpretation Act (Ch. 3:01).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 67
Workmen’s Compensation (Medical Referees) Regulations [Subsidiary]
7. The Registrar shall keep a record, in the form prescribed
in the Schedule, of all references made under these Regulations.
8. Every medical referee shall forthwith, on receipt of a
reference duly signed and sealed, fix a time and place for the
examination of the workman, and shall send notice accordingly to
the workman and to the employer.
9. Before giving the certificate required by the reference
the medical referee shall personally examine the workman and
shall consider any statements that may be made or submitted by
either party.
10. The certificate given by the medical referee shall be
according to the form prescribed in the Schedule.
11. The medical referee shall forward his certificate to the
Registrar.
12. The following shall be paid to a medical referee in relation
to a reference, the following fees—
(a) for examination of the injured workman, issue of
a certificate and all other duties performed in
connection with the reference, a fee of eighty
dollars;
(b) where a medical referee is compelled to travel
more than three kilometres from his residence (or
such other centre as may be prescribed by the
Minister) a fee of thirty-one cents in the case of a
light car, for each kilometre beyond three
kilometres from such residence or centre.
Record of
references.
Fixing time or
place of
examnation.
Nature of
examination.
Form of
certificate.
Certificate for
Registrar.
Fees.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
68 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation (Medical Referees) Regulations
SCHEDULE
FORM A
Notice by Medical Referee to Workman or Attorney-at-law acting on
Workman’s behalf in case of a Reference under section 13 of the Act
WORKMEN’S COMPENSATION ACT
To ..................
I hereby give you notice that in accordance with the Reference made to me in
your case (or, if notice is addressed to the Attorney-at-law), in the case of
......................................... [name and address of workman], by the Registrar
under section 13 of the above-named Act, I propose to examine you (or the
said.................) at........... on the................... day of ..................... at ...............
o’clock.
And you are required to submit yourself (or the said ..................... is required
to submit himself) for examination accordingly.
Any statements made or submitted by you (or, if notice is addressed to the
Attorney-at-law, by the workman) will be considered.
Dated this .......................... day of....................
(Signed) ......................................
Medical Referee.
FORM B
Notice by Medical Referee to Employer or Attorney-at-law acting on
Employer’s behalf in case of a Reference under section 13 of the Act
WORKMEN’S COMPENSATION ACT
To ..................
I hereby give you notice that in accordance with the Reference made to me
by the Registrar under section 13 of the above-named Act, in the case of
..................... [name and address of workman], I propose to examine the said
........................ at ....................... on the .................. day of ..................., at
................. o’clock.
Any statements made or submitted by you [or, if notice is addressed to the
Attorney-at-law, by the employer] will be considered.
Dated this .......................... day of....................
(Signed) ......................................
Medical Referee.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 69
Workmen’s Compensation (Medical Referees) Regulations [Subsidiary]
FORM C
Certificate of Medical Referee under section 13 of the Act
WORKMEN’S COMPENSATION ACT
In accordance with the Reference made to me on ....................[date of Order
of Reference] by the Registrar upon the application of ....................... [name
and address of party or parties] I have on the ..................... day of ..............
examined .............................. [name of workman] and I hereby certify that:
1. The condition of the said .................. [name of workman] is as follows:
[describe condition of workman, stating whether he has wholly or partially
recovered—see footnote—from the injury by accident and stating whether
workman is fit for his ordinary or other work, specifying where necessary the
kind of work, or whether he is unfit for work of any kind ].
2. The incapacity of the said ............... [name of workman].
[State whether the incapacity has ceased or to what extent, if any, the incapacity
is due to the accident].
Dated this .....................day of ...............
(Signed) ......................................
Medical Referee.
Footnotes.
Either paragraph 1 or paragraph 2 to be filled up, or both to be filled up, according to
the terms of the Reference.
In dealing with the question of recovery, if the referee finds that the workman is no
longer physically incapacitated for work as a result of the accident, but that the workman’s
condition is such that there is a reasonable probability of the workman becoming again
incapacitated through the effects of the accident the referee should include a statement
as to his findings.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
70 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation (Medical Referees) Regulations
FORM D
Medical Referee’s Statement of Fees in respect of Reference under
section 13 of the Workmen’s Compensation Act
Court
No.
of
matter
Names
of
parties
Date on
which
reference
received
from
Registrar
(Signed) ...........................
Date ......................................................................................... Medical Referee.
A reference should be given to the number of the letter authorising the
expenditure, and a receipt for each payment made by the referee should be
attached.
I hereby certify that I examined the workman ...................... on ..............at
................... which is distant ......... miles from my residence (or prescribed centre).
(Signed) ...........................
Court
from
which
received.
Date
of
Exam-
ination
Mileage
allowance
(see
certificate
of
distance
and
scale of
fees on
back.)
(9)(8)(7)
Reference
including
examina-
tion and
certificate
or report
Date on
which
certificate
or report
sent to
Registrar
Place
of
Exam-
ination
Amount of Fees
(6)(5)(4)(3)(2)(1)
Total … $
Indorsement to
be made on back
of statement.
Totals …
$ $
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 71
Workmen’s Compensation (Medical Referees) Regulations [Subsidiary]
FORM E
Record of References and Summonses to be kept by Registrar
Court holden at ..................., Name of Registrar.
Record for the Quarter ended.
Court
No.
of
matter
Names
of
parties
(8)(7)(6)(5)(4)(3)(2)(1)
Date and
No. of
previous
reference,
if any,
in same
case
Date on
which
reference
forwarded
to
referee
Provision
in the
Act
under
which
reference
is made
Whether
workman
directed
to attend
on referee
or not
Date on
which
Registrar
received
referee’s
certificate
or report
Name of
medical
referee
appointed
References
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
72 Chap. 88:05 Workmen’s Compensation
[Subsidiary]
WORKMEN’S COMPENSATION REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
PRELIMINARY
1. Short title.
2. Definitions.
PART I
REVIEW OF HALF-MONTHLY PAYMENTS AND
COMMUTATION THEREOF
3. When application may be made without medical certificate.
4. Procedure on application for review.
5. Procedure on application for commutation.
PART II
DEPOSIT OF COMPENSATION
6. Deposit under section 9(1) of the Act.
7. Publication of lists of deposits.
8. Procedure where no compensation deposited.
9. Deposit under section 9(2) and (3) of the Act.
10. Manner in which compensation may be invested under section 9 of
the Act.
PART III
INQUIRY BY EMPLOYER
11. Right of employer to present memorandum when notice given.
PART IV
MEDICAL EXAMINATION
12. Workman to submit to examination only in accordance with rules.
13. Examination when workman and medical practitioner both on
premises.
14. Examination in other cases.
15. Restriction on number of examinations.
16. Examination after suspension of right to compensation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 73
Workmen’s Compensation Regulations [Subsidiary]
PART V
PROCEDURE
17. Applications.
18. Examination of applicant.
19. Summary dismissal of application.
20. Preliminary inquiry into application.
21. Notice to opposite party.
22. Statement to be filed by respondent.
23. Procedure where indemnity claimed under section 14(2) of the Act.
Notice to third party.
24. Procedure where claim admitted.
25. Failure of respondent or third party to file statement.
26. Date and Place of hearing.
27. Non-appearance of applicant.
28. Absence of respondent or third party.
29. Record of proceedings.
30. Orders.
31. Right of entry for local inspection.
32. Procedure in connection with local inspection.
33. Procedure in connected cases.
34. Summoning of witnesses.
35. Exemption from payment of costs.
36. Filing and service of documents.
37. Application of Supreme Court Rules.
38. Apportionment of compensation among dependants.
PART VI
RECORD OF MEMORANDA OF AGREEMENT
39. Form of memorandum.
40. Procedure where Commissioner does not consider that he should refuse
to record memorandum.
41. Procedure where Commissioner considers he should refuse to record
memorandum.
42. Procedure on refusal to record memorandum.
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
74 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
43. Registration of memorandum accepted for record.
44. Registration of orders.
PART VII
DUTIES OF REGISTRAR
45. All documents to be dated.
46. Cause Book.
47. Registers to be kept.
48. Indexes of applications.
49. Searches.
50. Inspection of documents etc.
PART VIII
COSTS
51. Costs.
PART IX
FEES
52. Fees.
PART X
FORMS
53. Forms.
APPENDIX.
ARRANGEMENT OF REGULATIONS—Continued
REGULATION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 75
[Subsidiary]
WORKMEN’S COMPENSATION REGULATIONS
*deemed to be made under section 50
PRELIMINARY
1. These Regulations may be called the Workmen’s
Compensation Regulations.
2. In these Regulations—
“Form” means a form in the Appendix;
“Registrar” means the Registrar of the Supreme Court and
includes the Deputy Registrar and the Sub-Registrars of San
Fernando and Tobago.
PART I
REVIEW OF HALF-MONTHLY PAYMENTS AND
COMMUTATION THEREOF
3. Application in Form A for review of a half-monthly
payment under section 7 of the Act may be made without being
accompanied by a medical certificate—
(a) by the employer, on the ground that since the right
to compensation was determined the workman’s
wages have increased;
(b) by the workman, on the ground that since the right
to compensation was determined his wages have
diminished;
(c) by the workman, on the ground that the employer,
having commenced to pay compensation, has
ceased to pay the same, notwithstanding the fact
that there has been no change in the workman’s
condition such as to warrant such cessation;
(d) by the workman, on the ground that he has ceased,
since the right to compensation was determined,
to be a minor;
*These Regulations were made under section 36 of the Workmen’s Compensation Ordinance
(Ch. 22 No.14—1950 Ed.) (now repealed) and continue in force by virtue of section 29(3) of the
Interpretation Act (Ch. 3:01).
G 16.12.28.
5.3.32.
Short title.
Definitions.
When
application may
be made without
medical
certificate.
Form A.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
76 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
(e) either by the employer or by the workman, on
the ground that the determination of the rate
of compensation for the time being in force
was obtained by fraud or undue influence or
other improper means.
4. If, on examining an application for review by an employer
in which the reduction or discontinuance of half-monthly payments
is sought, it appears to the Commissioner that there is reasonable
ground for believing that the employer has a right to such reduction
or discontinuance, he may at any time issue an order withholding
the half-monthly payments in whole or in part pending his decision
on the application.
5. (1) Where application is made to the Commissioner under
section 8 of the Act for the redemption of a right to receive
half-monthly payments by the payment of a lump sum, the
Commissioner shall form an estimate of the probable duration of
the disablement, and shall award a sum equivalent to the total of the
half-monthly payments which would be payable for the period during
which he estimates that the disablement will continue, less one half
per cent of that total for each month comprised in that period.
(2) When, in any case to which subregulation (1) applies,
the Commissioner is unable to form an approximate estimate of
the probable duration of the disablement, he may from time to
time postpone a decision on the application for a period not
exceeding two months at any one time.
PART II
DEPOSIT OF COMPENSATION
6. (1) An employer depositing compensation with the
Registrar under section 9(1) of the Act shall furnish therewith a
statement in Form B and shall be given a receipt in Form C.
(2) If, in the statement above referred to, the employer
indicates that he desires to be made a party to the distribution
Procedure on
application for
review.
Procedure on
application for
commutation.
Deposit under
section 9(1) of
the Act.
Form B.
Form C.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 77
Workmen’s Compensation Regulations [Subsidiary]
proceedings, the Commissioner shall, before allotting the sum
deposited as compensation, afford to the employer an opportunity
of establishing that the person to whom he proposes to allot such
sum is not a dependant of the deceased workman, or as the case
may be, that no one of such persons is a dependant.
(3) The statement of disbursements to be furnished on
application by the employer under section 9(6) of the Act shall be
in Form D.
7. The Registrar shall cause to be displayed in a prominent
position outside his office an accurate list of the deposits received
by him under section 9(1) of the Act, together with the names and
addresses of the depositors and of the workmen in respect of whose
death the deposits have been made.
8. (1) Where a dependant of a deceased workman claims that
compensation is payable in respect of the death of the workman,
and no compensation has been deposited in accordance with
section 9(1) of the Act in respect thereof, the dependant may apply
to the Commissioner for the issue of an order requiring the employer
to deposit compensation in accordance with the said subsection; but
no such application shall be entertained, unless the applicant certifies
therein that he has requested the employer to deposit compensation
and that the employer has refused or omitted to do so.
(2) The Commissioner shall dispose of such application
in accordance with the provisions of Part V of these Regulations.
However—
(a) the Commissioner may, at any time, cause notice
to be given in such manner as he thinks fit to all
or any of the dependants of the deceased workman
who have not joined in the application, requiring
them, if they desire to join therein, to appear
before him on a date specified in this behalf;
(b) any dependant to whom such notice has been
given and who fails to appear and to join in
Form D.
Publication of
lists of deposits.
Procedure
where no
compensation
deposited.
Part V.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
78 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
the application on the date specified in the
notice shall not be permitted thereafter to
claim that the employer is liable to deposit
compensation, unless he satisfies the
Commissioner that he was prevented by any
sufficient cause from appearing when the case
was called on for hearing.
(3) If, after completing the inquiry into the application,
the Commissioner issues an order requiring the employer to
deposit compensation in accordance with section 9(1) of the
Act, nothing in subregulation (2) shall be deemed to prohibit
the allotment of any part of the sum deposited as compensation
to a dependant of the deceased workman who failed to join in
the application.
9. An employer depositing compensation in accordance with
section 9(2) or (3) of the Act shall furnish therewith a statement in
Form E, and shall be given a receipt in Form F.
10. Money invested under section 9 of the Act may be invested
in the name of the Registrar in Government Securities or deposited
in the name of the Registrar in a Post Office Savings Bank.
PART III
INQUIRY BY EMPLOYER
11. (1) Any employer to whom notice of an accident has been
given may at any time, notwithstanding the fact that no claim for
compensation has been instituted in respect of such accident,
present to the Registrar a memorandum, supported by an affidavit
made by himself or by any person subordinate to him having
knowledge of the facts stated in the memorandum embodying the
result of any investigation or inquiry which has been made into
the circumstances or cause of the accident.
(2) A memorandum presented under this regulation shall,
subject to the payment of such fee as may be prescribed, be recorded
by the Registrar.
Deposit under
section 9(2)
and (3) of the
Act.
Form E.
Form F.
Manner in
which
compensation
may be invested
under section 9
of the Act..
Right of
employer to
present
memorandum
when notice
given.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 79
Workmen’s Compensation Regulations [Subsidiary]
PART IV
MEDICAL EXAMINATION
12. A workman who is required by section 12(1) of the Act
to submit himself for medical examination shall be bound to do
so in accordance with the regulations contained in this Part and
not otherwise.
13. When such workman is present on the employer’s
premises, and the employer offers to have him examined free of
charge by a qualified medical practitioner who is so present, the
workman shall submit himself for examination forthwith.
14. In cases to which regulation 13 does not apply, the
employer may—
(a) send the medical practitioner to the place where
the workman is residing for the time being, in
which case the workman shall submit himself for
medical examination on being requested to do so
by the medical practitioner; or
(b) send to the workman an offer in writing to have
him examined free of charge by a qualified
medical practitioner, in which case the workman
shall submit himself for medical examination at
the employer’s premises, or at such other place
in the vicinity as is specified in such offer, and at
such time as is so specified:
Provided that—
(i) the time so specified shall not, save with the
express consent of the workman, be between
the hours of 7.00 p.m. and 6.00 a.m.; and
(ii) in cases where the workman’s condition
renders it impossible or inadvisable that he
should leave the place where he is residing
for the time being, he shall not be required
to submit himself for medical examination
save at such place.
Workman to
submit to
examintion only
in accordance
with rules.
Examination
when workman
and medical
practitioner both
on premises.
Examination in
other cases.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
80 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
15. A workman who is in receipt of a half-monthly payment
shall not be required to submit himself for medical examination
elsewhere than at the place where he is residing for the time being
more than twice in the first month following the accident or more
than once in any subsequent month.
16. If a workman whose right to compensation has been
suspended under section 12(2) or (3) of the Act subsequently offers
himself for medical examination, his examination shall take place
on the employer’s premises or at such other place in the vicinity as
may be fixed by the employer.
PART V
PROCEDURE
17. Any application of the nature referred to in section 32 of
the Act may be sent to the Registrar by registered post or may be
presented to him or to any Magistrate, and, if so sent or presented,
shall, unless the Commissioner otherwise directs, be made in
Form G, H, or J, as the case may be, and shall be signed by the
applicant. Every application presented to a Magistrate shall be
forwarded to the Registrar by such Magistrate forthwith.
18. (1) On receiving such application, the Registrar may
examine the applicant on oath, or may send the application to any
officer authorised by the Minister in that behalf and direct such
officer to make such examination and forward the record thereof
to the Registrar.
(2) The substance of any examination made under this
regulation shall be recorded in the manner provided for the
recording of evidence in section 37 of the Act.
19. The Registrar shall refer the application and the record
of the substance of any examination of the applicant under
regulation 18 to the Commissioner, who, after considering the
same, may summarily dismiss the application if, for reasons to
be recorded, the Commissioner is of opinion that there are no
Restriction on
number of
examinations.
Examination
after suspension
of right to
compensation.
Application.
Examination of
applicant.
Summary
dismissal of
application.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 81
Workmen’s Compensation Regulations [Subsidiary]
sufficient grounds for proceeding thereon; and the Registrar shall
forthwith notify the applicant or the legal practitioner or other
person acting on behalf of the applicant of such summary
dismissal of the application by the Commissioner.
20. If the application is not dismissed under regulation 19, the
Commissioner may direct the Registrar to call upon the applicant
to produce to the Registrar evidence in support of the application
before calling upon any other party and, if upon considering such
evidence the Commissioner is of opinion that there is no case for
the relief claimed, he may dismiss the application with a brief
statement of his reasons for so doing.
21. If the Commissioner does not dismiss the application
under regulation 19 or regulation 20, the Registrar shall cause
to be served on the party from whom the applicant claims relief
(hereinafter referred to as the respondent) a copy of the
application and may, if he thinks fit, call upon the respondent
to file a written statement dealing with the claim within such
time as the Registrar may fix.
22. The respondent may and, if so required by the Registrar,
shall, within such time as the Registrar may fix, file a written
statement dealing with the claim raised in the application, and any
such written statement shall form part of the record.
23. Where the respondent claims that if compensation is
recovered against him he will be entitled under section 14(2) of
the Act to be indemnified by a person not being a party to the
case (hereinafter referred to as the third party), he shall, within
ten days after being served with the copy of the application, file
a notice of such claim with the Registrar, accompanied by the
prescribed fee, and the Registrar shall thereupon cause a copy of
the notice of such claim in Form K to be served on the third
party, and may, if he thinks fit, call upon him to file a written
statement dealing with the claim raised in the application within
such time as the Registrar may fix.
Preliminary
inquiry into
application.
Notice to
opposite party.
Statement to be
filed by
respondent.
Procedure
where
indemnity
claimed under
section 14(2) of
the Act.
Notice to third
party.
Form K.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
82 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
24. If the respondent or the third party admits the claim, he
may at any time before the first hearing—
(a) where the application is made by an injured
workman—
(i) file with the Registrar a notice that he
submits to an order for the payment of a
half-monthly sum, to be specified in such
notice; or
(ii) file with the Registrar a notice that he
submits to an order for the payment of a
lump sum, to be specified in the notice, and
pay such sum into Court;
(b) where the application is made on behalf of the
dependants of a deceased workman or for the
settlement of the sum payable in respect of
medical attendance and the burial of a deceased
workman who leaves no dependants, file with the
Registrar a notice that he admits liability, and pay
into Court such sum of money as he considers
sufficient to cover his liability in the
circumstances of the case.
25. If the respondent or the third party fails to file a written
statement dealing with the claim within the time fixed by the
Registrar or by the Commissioner on an application to enlarge the
time, he shall be taken to admit the claim.
26. Where it is necessary to proceed to a hearing, the Registrar
shall fix a date and place for disposing of the application and of
the claim for indemnity, if any, and cause notice thereof to be served
on the different parties in Form L, calling upon them then and
there to produce any evidence which they may wish to tender.
27. If, on the day of hearing or at any adjournment of the case,
the applicant does not appear, the case shall be dismissed, unless
the Commissioner having received a reasonable excuse for the
non-appearance of the applicant, or for other sufficient reason,
thinks fit to adjourn the hearing to some future day upon such
terms as to costs as the Commissioner may think just.
Procedure
where claim
admitted.
Failure of
respondent or
third party to
file statement.
Date and Place
of hearing.
Form L.
Non-appearance
of applicant.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 83
Workmen’s Compensation Regulations [Subsidiary]
28. If, on the day of hearing or at any adjournment of the case,
the respondent or third party does not appear, the Court may proceed
to hear the case in his absence, unless the Commissioner, having
received a reasonable excuse for his absence, or for other sufficient
reason, thinks fit to adjourn the hearing to some future day upon
such terms as to costs as the Commissioner may think fit.
29. There shall be recorded in every proceeding a note of the
steps taken on the application.
30. (1) The Commissioner, in making orders, shall record
concisely his finding and his reasons for such finding.
(2) The Commissioner, at the time of signing and dating
his order, shall pronounce his decision, and thereafter no addition
or alteration shall be made to the order other than the correction of
a clerical or arithmetical mistake arising from any accidental slip
or omission.
(3) Orders shall be in one of the forms in Form M, with
any necessary variation.
31. A Commissioner before whom any proceeding relating to
an injury by accident is pending may at any time enter the place
where the workman was injured or where the workman ordinarily
performed his work, for the purpose of making a local inspection
or of examining any persons likely to be able to give information
relevant to the proceedings; but the Commissioner shall not enter
any premises of any industrial establishment except during the
ordinary working hours of that establishment, save with the
permission of the employer or of some person directly responsible
to him for the management of the establishment.
32. (1) If the Commissioner proposes to conduct a local
inspection with a view to examining on the spot the circumstances
in which an accident took place, he shall give the parties or their
representatives notice of his intention to conduct such inspection,
unless in his opinion the urgency of the case renders the giving of
such notice impracticable.
Absence of
respondent or
third party.
Record of
proceedings.
Orders.
Form M.
Right of entry
for local
inspection.
Procedure in
connection with
local inspection.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
84 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
(2) Such notice may be given orally or in writing and, in
the case of an employer, may be given to any person upon whom
notice of a claim can be served under section 11(2) of the Act or to
the representative of any such person.
(3) Any party, or the representative of any party, may
accompany the Commissioner at a local inspection.
33. Where two or more cases pending before a Commissioner
arise out of the same accident, and any issue involved is common
to two or more such cases, such cases may, so far as the evidence
bearing on such issue is concerned, be taken together.
34. If an application is presented by any party to the
proceedings for the citation of witnesses, the Registrar shall, on
payment of the prescribed expenses and fees, issue summonses
for the appearance of such witnesses, unless the Commissioner
considers that their appearance is not necessary for the just decision
of the case.
35. If the Registrar is satisfied that the applicant is unable, by
reason of poverty, to pay the prescribed fees, he may remit any or
all of such fees. If the case is decided in favour of the applicant,
the prescribed fees which, had they not been remitted, would have
been due to be paid, may be added to the costs of the case and
recovered in such manner as the Commissioner in his order
regarding costs may direct.
36. (1) Where any document is to be filed with the Registrar
under these Regulations, that document may be so filed by
delivering it at the office of the Registrar or by sending it by post
addressed to the Registrar at his office.
(2) Where any document is to be filed, there shall be
filed with the original document as many copies of the
document as there are persons on whom copies of the
document are to be served, and in addition a copy for the
use of the Commissioner.
Procedure in
connected cases.
Summoning of
witnesses.
Exemption from
payment of
costs.
Filing and
service of
ducuments.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 85
Workmen’s Compensation Regulations [Subsidiary]
(3) Where any document is under these Regulations to
be served upon any person, such document may be served—
(a) upon the State, by service upon the Head of the
Department in which the applicant was employed
at the time of the accident, or by leaving it at the
office of such Head of Department;
(b) upon an individual, by service upon him
personally or by leaving it at his last known place
of abode or business;
(c) upon a Municipal Corporation, by service on the
Chief Executive Officer or by leaving it at his
office;
(d) upon a corporate body, by service on the Secretary
or by leaving it at the registered office of such
corporate body;
(e) upon a Club, by service on the Secretary or any
member of the Managing Committee;
(f) upon the master of a ship or a person belonging
to a ship, by service on such master or person
or by leaving the document for such master or
person on board the ship with the person being
or appearing to be in command or charge of
the ship, or where no such person can be found,
by affixing a copy of the document to the mast
of the ship.
(4) All service shall be effected by a member of the Police
Service, who shall make a return of the service within two days in
Form N, sworn to before a Magistrate or Justice.
37. Save as otherwise expressly provided in the Act or these
Regulations, the Rules of the Supreme Court as to enforcing the
attendance of witnesses, compelling the production of documents
and material objects, administering oaths, taking evidence,
amending any defect or error in any proceeding, enlarging the time
appointed for taking any proceeding or doing any act and the
representation of persons under disability shall, with the necessary
modifications, apply to proceedings before a Commissioner.
Form N.
Application of
Supreme Court
Rules.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
86 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
38. The provisions of this Part shall, as far as may be, apply in
the case of any proceedings relating to the apportionment of
compensation among dependants of a deceased workman.
PART VI
RECORD OF MEMORANDA OF AGREEMENT
39. Memoranda of Agreement sent to the Registrar under
section 40(1) of the Act shall, unless the Commissioner
otherwise directs, be in duplicate, and shall be in as close
conformity as the circumstances of the case admit with Form O
or Form P or Form Q as the case may be.
40. (1) On receiving a memorandum of agreement the
Registrar shall refer the same to the Commissioner who, unless
he considers that there are grounds for refusing to record the
same, shall direct the Registrar to fix a day for recording the
same, and the Registrar shall accordingly issue a notice in writing
in Form R to the parties concerned that in default of objections
the Commissioner proposes to record the memorandum on the
day so fixed; but the notice may be communicated orally to any
parties who are present at the time when notice in writing would
otherwise issue.
(2) On the date so fixed the Commissioner shall direct
the Registrar to record the memorandum unless, after hearing any
of the parties who appear and desire to be heard, he considers that
it ought not to be recorded. However, the issue of a notice under
subregulation (1) shall not be deemed to prevent the Commissioner
from refusing to record the memorandum on the date so fixed even
if no objection be made by any party concerned.
(3) If on such date the Commissioner decides that the
memorandum ought not to be recorded, he shall inform the
parties present of his decision and of the reasons therefor,
and, if any party desiring the memorandum to be recorded is
not present, the Registrar shall send information to that party
in Form S.
Apportionment
of compensation
among
dependants.
Form of
memorandum.
Form O.
Form P.
Form Q.
Procedure where
Commissioner
does not
consider that he
should refuse to
record
memorandum.
Form R.
Form S.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 87
Workmen’s Compensation Regulations [Subsidiary]
41. (1) If on the reference of a memorandum of agreement
by the Registrar to the Commissioner, the Commissioner
considers that there are grounds for refusing to record the same,
the Registrar shall fix a date for hearing the party or parties
desiring the memorandum to be recorded, and the Registrar shall
inform such party or parties and, if the Commissioner thinks fit,
any other party concerned, of the date so fixed and of the grounds
on which the Commissioner considers that the memorandum
should not be recorded.
(2) If the parties to be informed are not present, a written
notice shall be sent to them in Form T or Form U, as the case may
be, and the date fixed in such notice shall be not less than seven
days after the date of the issue of the same.
(3) If, on the date fixed under subregulation (1), the party
or parties desiring the memorandum to be recorded show adequate
cause for proceeding to the record of the same, the Commissioner
may, if information has already been given to all the parties
concerned, direct the Registrar to record the agreement. If
information has not been given to all such parties, he shall proceed
in accordance with regulation 40.
(4) If, on the date so fixed, the Commissioner refuses to
record the memorandum, the Registrar shall send notice in Form S to
any party who did not receive information under subregulation (1).
42. (1) If in any case the Commissioner refuses to record a
memorandum of agreement, he shall briefly record his reasons for
such refusal.
(2) If the Commissioner refuses to record a memorandum
of agreement, he shall not make any order directing the payment
of any sum or amount over and above the sum specified in the
agreement, unless opportunity has been given to the party liable to
pay such sum to show cause why it should not be paid.
(3) Where the agreement is for the redemption of half-
monthly payments by the payment of a lump sum, and the
Procedure where
Commissioner
considers he
should refuse to
record
memorandum.
Form T.
Form U.
Form S.
Procedure on
refusal to record
memorandum.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
88 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
Commissioner considers that the memorandum of agreement
should not be recorded by reason of the inadequacy of the amount
of such sum as fixed in the agreement, he shall record his estimate
of the probable duration of the disablement of the workman.
43. In recording a memorandum of agreement, the Registrar
shall cause the same to be entered in a register in Form V, and shall
cause an indorsement to be made under his signature on a copy of
the memorandum to be retained by him in the following terms:
“This memorandum of agreement bearing Serial No.
...............of 20.........., in the Register of Agreements has been
recorded this ......................day of ................... 20..........................
(Signature) .......................
Registrar”.
44. In recording an order of the Commissioner under section 39
of the Act directing the payment of compensation or the variation of
the amount or rate of compensation previously ordered or settled by
agreement, the Registrar shall cause such order to be entered in a
register in the Form W, and shall cause an indorsement to be made
under his signature on a copy of the order to be retained by him in the
following terms:
“This order bearing Serial No. .............. of 20........ in the Register
of orders has been recorded in such register this ..................day of
................ 20........
(Signature)........................
Registrar”.
PART VII
DUTIES OF REGISTRAR
45. All proceedings or documents filed with or delivered to
the Registrar shall bear the date of the filing or issuing thereof.
46. The Registrar shall enter all proceedings hereafter to be
commenced in a Cause Book, the form of which shall be prescribed
by a Commissioner; any entry made therein shall be examined
with the original document the day after such entry is made, and
such entry shall be evidence of the document having been filed.
Registration of
memorandum
accepted for
record.
Form V.
Registration of
orders.
Form W.
All documents
to be dated.
Cause Book.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 89
Workmen’s Compensation Regulations [Subsidiary]
47. The Registrar shall also keep the Registers prescribed by
regulations 43 and 44 and shall make the appropriate entries therein
in accordance with the requirements of the said regulations.
48. Proper indexes of the titles of all applications filed with or
delivered to the Registrar shall be kept so that the same may be
conveniently referred to when required; and such indexes shall at
all times during office hours be accessible to the public on payment
of the prescribed fee.
49. The Registrar shall, on a request in writing giving sufficient
particulars and on payment of the prescribed fee, cause a search to
be made in the Cause Books or Registers under his custody, and
issue a certificate of the result of the search.
50. Any person shall on payment of the prescribed fee be
allowed to inspect the file of documents or proceedings in any matter.
PART VIII
COSTS
51. (1) Any costs of and incident to any proceedings before a
Commissioner directed to be paid by one party to another shall, in
default of agreement between the parties as to the amount of such
costs, be taxed according to such one of the scales of costs applicable
to actions in the High Court or the Petty Civil Court as the
Commissioner shall direct; and the statutory provisions and rules for
the time being in force as to the allowance and taxation of costs in
such actions shall, with the necessary modifications, apply accordingly.
(2) When proceedings are taken for which no provision is
made by these Regulations, reasonable costs may be allowed in respect
of such proceedings, not exceeding those which may under the scales
of costs be allowed in respect of proceedings of a like nature.
(3) The Commissioner, in dealing with the question of
costs, may take into consideration any offer of compensation proved
to have been made on behalf of the employer.
Registers to be
kept.
Indexes of
applications.
Searches.
Inspection of
documents etc.
Costs.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
90 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
PART IX
*FEES
52. The following fees are hereby prescribed and shall be
collected by means of stamps, and all statutory provisions and all
rules for the time being in force in relation to the collection of
revenue by stamps shall apply thereto:
$
I—Applications for compensation
(a) Where compensation is claimed in the form of
recurring payments… … … … … … … … 2.00
(b) Where compensation is claimed in the form of
a lump sum … … … … … … … …
II—Applications for commutation
(a) By agreement between the parties … … … 2.00
(b) In all other cases…… … … … … … … 5.00
III—Applications for the deposit of compensation—
(a) Under section 9(1) of the Act … … … Nil
(b) In all other cases, in respect of each person to
whom compensation is payable … … … … … 2.00
IV—Applications for distribution by dependants, for each
dependant … … … … … … … … … … 2.00
V—Applications for review
(a) Where the review claimed is the continuance,
increase, decrease or ending of half-monthly payments 2.00
(b) Where the half-monthly payments are sought to
be converted into a lump sum … … … … … 5.00
(c) In all other cases … … … … … … … 2.00
Vl—Applications for the registration of agreements:
(a) Where the application or the memorandum of
agreement is signed by both parties … … … … Nil
(b) In other cases … … … … … … … 2.00
VII—Applications to summon witnesses
For every witness … … … … … … … … .50
Fees.
[51/1980].
$2.00 where the
sum does not
exceed $500,
plus $2.00 for
each additional
sum of $500 or
fraction thereof.
* See section 3 of the Stamp Duty (Special Provisions) Act. (Ch. 76:03).
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 91
Workmen’s Compensation Regulations [Subsidiary]
VIII—Applications for indemnification … … … … 10.00
IX—Applications for the recovery of compensation—
(a) Under an order already made by the Commissioner 1.00
(b) In all other cases … … … … … …
X—All applications not otherwise provided for … 1.00
XI—For service of any notice or process … … … .15
XII—For search in Indexes of titles of applications filed .50
XIII—For search in Cause Books or Registers and issuing
certificate of result of search under the hand of the
Registrar … … … … … … … 1.00
XIV—For inspecting file of documents or proceedings… .50
PART X
FORMS
53. Where the forms in the Appendix are not applicable, forms
of the like character, with such variations as the circumstances
may require, may be used in proceedings under the Act.
The same fee as is
payable on a
similar application
for compensation.
Forms.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
92 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
APPENDIX
FORM A
Application for Review of half-monthly Payment
To the Commissioner for Workmen’s Compensation,
........................................................................................................... residing at
............................................................................................................, applicant
versus
........................................................................................................... residing at
..............................................................................................................., respondent
Application is hereby made for the review (termination, diminution, increase
or redemption as the case may be) of the half-monthly payment payable to the
said ......................... in respect of personal injury caused to him by accident
arising out of and in the course of his employment.
Particulars are hereto appended.
Particulars
1. Name and address of injured workman.
2. Name and place of business of employer by whom compensation is
payable.
3. Date and nature of accident.
4. Amount of half-monthly payment, and date from which it commenced.
5. Relief sought by applicant, whether termination, diminution, increase
or redemption.
6. Grounds of application.
Dated this .................... day of ....................... 20........
(Signed)
Applicant.
Regulation 3.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 93
Workmen’s Compensation Regulations [Subsidiary]
FORM B
Deposit of Compensation for Fatal Accident
(SECTION 9(1) OF THE WORKMEN’S COMPENSATION ACT)
Compensation amounting to $................ is hereby presented for deposit in
respect of injuries resulting in the death of .......................... residing at
.................... which occurred on ....................20 ........ His monthly wages are
estimated at ................. He was over/under the age of 17 years at the time of his
death.
The said workman had, prior to the date of his death, received the following
payments, namely:
amounting in all to
Employer.
Dated the .............................. 20.........
(To be added if desired).
Employer.
FORM C
Receipt for Compensation
(DEPOSITED UNDER SECTION 9(1) OF THE WORKMEN’S
COMPENSATION ACT)
Book No. ................. Receipt No. ................. Register No. ....................
Depositor .......................................................................................................
Deceased workman .........................................................................................
Date of deposit .............................. 20.........
Sum deposited $..........................
Registrar.
Regulation 6.
Regulation 6.
I desire to be made a party to the
proceedings for distribution of the
aforesaid compensation.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
94 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
Regulation 6.
Regulation 9.
Total …
FORM D
Statement of Disbursements
(SECTION 9(6) OF THE WORKMEN’S COMPENSATION ACT)
Serial No. ........................................................................................................
Depositor ........................................................................................................
Amount deposited $............................
Date .................. $................
Dated ............. 20......... Registrar.
Funeral expenses paid … … … … …
Compensation paid to the following dependants:
Name Relationship
FORM E
Deposit of Compensation for Non-fatal Accidents
(SECTION 9(2) OR (3) OF THE WORKMEN’S COMPENSATION ACT)
Compensation amounting to $ .............. is hereby presented for deposit in
respect of permanent/temporary injuries sustained by ................... residing at
............................... which occurred on .................. 20 ............
Employer.
Dated ........................... 20.............
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 95
Workmen’s Compensation Regulations [Subsidiary]
FORM F
Receipt for Compensation
(DEPOSIT UNDER SECTION 9(2) OR (3) OF THE WORKMEN’S
COMPENSATION ACT)
Book No. ........................ Receipt No. ...................... Register No. .....................
Depositor ............................................................................................................
In favour of .........................................................................................................
Date of deposit ............................20..............
Sum deposited $..................
Registrar.
FORM G
Application for Compensation by Workman
To the Commissioner for Workmen’s Compensation,
........................................................................................................... residing at
........................................................................................................... , applicant
versus
............................................................................................................ residing at
............................................................................................................ , respondent
It is hereby submitted that—
(1) the applicant, a workman employed by (a contractor with) the respondent
on the ................... day of ................. 20......, received personal injury by accident
arising out of and in the course of his employment.
The cause of the injury was [here insert briefly in ordinary language the
cause of the injury].
(2) the applicant sustained the following injuries, namely:
(3) the monthly wages of the applicant amount to $..................
the applicant is over/under the age of 17 years.
*(4) (a) Notice of the accident was served on the ................ day of ............
20 .......
(b) Notice was served as soon as practicable.
(c) Notice of the accident was not served (in due time) by reason of
*Strike out the clauses which are not applicable.
Regulation 9.
Regulation 17.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
96 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
*(5) the applicant is accordingly entitled to receive
(a) half-monthly payments of $............from the .......... day of .................
20 ..........., to ................20 ...........
(b) a lump sum payment of $..................
(6) the applicant has taken the following steps to secure a settlement by
agreement, namely
but it has proved impossible to settle the questions in dispute because
* You are therefore requested to determine the following questions in dispute,
namely:
(a) whether the applicant is a workman within the meaning of the Act,
(b) whether the accident arose out of or in the course of the applicant’s
employment,
(c) whether the amount of compensation claimed is due, or any part of
that amount,
(d) whether the respondent is liable to pay such compensation as is
due,
(e) etc. (as required).
Dated the .................. 20........................
Applicant.
*Strike out the clauses which are not applicable.
To............................. of .............................................................
I do hereby require you to file with me the undersigned Registrar a written
statement dealing with the claim against you in the above application within
...................... days after service thereof on you.
And further take notice that if you fail to forward the statement in writing an
order may be made against you in default.
Dated this ..................... day of ...................................... 20........
Registrar.
FORM G—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 97
Workmen’s Compensation Regulations [Subsidiary]
FORM H
Application for Compensation by Dependants
To the Commissioner for Workmen’s Compensation,
........................................................................................................... residing at
............................................................................................................, applicant
versus
........................................................................................................... residing at
........................................................................................................., respondent.
It is hereby submitted that—
(1) .................., a workman employed by (a contractor with) the respondent
on the...............day of ..............., 20........, received personal injury by accident
arising out of and in the course of his employment resulting in his death on the
.....................day of..............., 20...... The cause of the injury was [here insert
briefly in ordinary language the cause of the injury].
(2) The applicant(s) is/are dependant(s) of the deceased workman, being
his ..................
(3) The monthly wages of the deceased amount to $.....................
The deceased was over/under the age of 17 years at the time of his death.
*(4) (a) Notice of the accident was served on the .......... day of .................
20 ........
(b) Notice was served as soon as practicable.
(c) Notice of the accident was not served (in due time) by reason of
(5) The deceased before his death received as compensation the total sum
of $..................
(6) The applicant(s) is/are accordingly entitled to receive a lump sum
payment of $.........................
(7) The applicant(s) has/have requested the respondent to deposit
compensation and the latter has refused/omitted to do so.
*You are therefore requested to determine the following questions in
dispute, namely:
(a) whether the deceased was a workman within the meaning of the Act,
(b) whether the accident arose out of and in the course of the
deceased’s employment,
(c) whether the amount of compensation claimed is due, or any part
of that amount,
(d) whether the respondent is liable to pay such compensation as is due,
*Strike out the clauses which are not applicable.
Regulaton 17.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
98 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
(e) whether the applicant(s) is a/are dependant(s) of the deceased,
(f) how the compensation, when deposited, should be distributed,
(g) etc. (as required).
Dated the .................. Applicant.
To...........................................of ......................................................................
I do hereby require you to file with me the undersigned Registrar a written
statement dealing with the claim against you in the above application
within....................days after service thereof on you.
And further take notice that if you fail to forward the statement in writing an
order may be made against you in default.
Dated this ........................ day of ..................., 20...........
Registrar.
FORM J
Application for Commutation
(UNDER SECTION 8 OF THE WORKMEN’S COMPENSATION ACT)
To the Commissioner for Workmen’s Compensation,
........................................................................................................... residing at
............................................................................................................, applicant
versus
........................................................................................................... residing at
........................................................................................................, respondent.
It is hereby submitted that—
(1) The applicant /respondent has been in receipt of half-monthly payments
from............. to ...............in respect of temporary disablement by accident arising
out of and in the course of his employment.
(2) The applicant is desirous that the right to receive half-monthly payments
should be redeemed.
(3) (a) The respondent is unwilling to agree to the redemption of the right
to receive half-monthly payments.
(b) The parties have been unable to agree regarding the sum for which
the right to receive half-monthly payments should be redeemed.
Regulation 17.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 99
Workmen’s Compensation Regulations [Subsidiary]
You are therefore requested to make an order—
(a) directing that the right to receive half-monthly payments should
be redeemed.
(b) fixing a sum for the redemption of the right to receive half-monthly
payments.
Dated ..................... Applicant.
FORM K
Notice
Whereas a claim for compensation has been made to the Commissioner
for Workmen’s Compensation by ............... applicant, against ........................,
and the said ......................... has claimed that you are liable under section 14(2)
of the Workmen’s Compensation Act, to indemnify him against any
compensation which he may be liable to pay in respect of the aforesaid claim,
you are hereby informed that you may appear before the Commissioner for
Workmen’s Compensation at ..................o’clock on the ................... day of
............. 20......, at ......... and contest the claim for compensation made by the
said applicant or the claim for indemnity made by the respondent. In default of
your appearance you will be deemed to admit the validity of any award made
against the respondent and your liability to indemnify the respondent for any
compensation recovered from him.
Registrar.
Dated.....................20........
To .......................................... of .........................................................................
I do hereby require you to file with me the undersigned Commissioner a written
statement dealing with the claim against you in the above application
within............................. days after service thereof on you.
And further take notice that if you fail to forward the statement in writing an
order may be made against you in default.
Dated this.........................day of ................... 20.......
Commissioner.
Regulation 23.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
100 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
FORM L
Notice to Applicant of day upon which Hearing will be proceeded with
(THE WORKMEN’S COMPENSATION ACT)
........................................................................................................... residing at
............................................................................................................, applicant
versus
........................................................................................................... residing at
.........................................................................................................., respondent.
Take notice that the Commissioner for Workmen’s Compensation will
proceed with the hearing of the application in this matter at .............. on ...............
the .............................. day of .................... at the hour of ................. o’clock in
the ............ noon.
Dated this ....................day of ................... 20...........
To ....................................... of ........................................................................
Registrar for Workmen’s Compensation.
Notice to Respondent of day upon which Hearing will be proceeded with
(THE WORKMEN’S COMPENSATION ACT)
........................................................................................................... residing at
............................................................................................................, applicant
versus
........................................................................................................... residing at
.........................................................................................................., respondent.
Take notice that the Commissioner for Workmen’s Compensation will proceed
with the hearing of the application in this matter at .......... on the ............... day
of .................at the hour of .................. o’clock in the .................. noon, and that
if you do not attend at the time and place above-mentioned such order will be
made and proceedings taken as the Commissioner may think just and expedient.
Dated this ....................day of .................., 20........
To....................................of .................................................................................
Registrar for Workmen’s Compensation.
Regulation 26.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 101
Workmen’s Compensation Regulations [Subsidiary]
FORM M
Order
(NOTE—These forms are intended for use in ordinary cases only).
(i) In case of application for half-monthly payment of compensation.
Having duly considered the matters submitted to me, I do hereby order as follows:
[Here insert any introductory recitals of findings on which the order is made
which the Commissioner may think fit].
1. I order that the respondent C.D. do pay to the applicant A.B. the
half-monthly sum of ................ as compensation for personal injuries caused to
the said A.B. on the ...................... day of ............ by injury arising out of and in
the course of his employment as a workman employed by the said respondent,
such half-monthly payment to commence as from the...........day of..............,
and to continue during the total or partial incapacity of the said A.B. for work,
or until the same shall be ended, diminished, increased or redeemed in accordance
with the provisions of the Workmen’s Compensation Act.
2. And I order that the said C.D. do forthwith pay to the said A.B. the sum of
$........... being the amount of such half-monthly payments calculated from the
..................day of .................until the .................. day of ............... and do
thereafter pay the said sum of $................ to the said A.B. on the .....................
and.............................days of each month.
3. And I order that the said C.D. do pay to the applicant his costs of or
incidental to the proceedings, such costs, in default of agreement between the
parties as to the amount thereof, to be taxed under the scale of costs applicable
to actions in the High/ Petty Civil Court, and to be paid by the said C.D. within
14 days of the date of the certificate of the result of such taxation.
Dated this ......................day of ...................., 20 ...........
Registrar for Workmen’s Compensation.
(ii) In case of application by Dependants.
Having duly considered the matters submitted to me, I do hereby order as
follows:
[Here insert any introductory recitals of findings on which the order is made
which the Commissioner may think fit].
1. I order that the respondent C.D. do pay the sum of $............., to the
dependants of A.B. late of ................ deceased, as compensation for the injury
resulting to such dependants from the death of the said A.B. which took place
on the ............. day of ............ from injury caused to the said A.B. on
the..............day of.................. by accident arising out of and in the course of his
employment as a workman employed by the said respondent.
2. And I declare that the persons hereinafter named are entitled to share in
such compensation as dependants of the said A.B., that is to say J.B. the widow
of the said A.B. and (name the other persons).
Regulation 30.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
102 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
3. (Add if so found) And I declare that G.H. the .................. of the said A.B.
is not entitled to share in such compensation as a dependant of the said A.B.
4. And I order that the said sum of $............. be apportioned between the said
J.B. and ................. in the proportion following, that is to say:
I apportion the sum of $ ........... to and for the benefit of the said J.B. and
the sum of $ ................. to and for the benefit of the said ..............
5. And I order that the said C.D. do pay the said sum of $......................
within 14 days from the date of this order.
6. And I order that the said J.B. and the said ................ or any of them be at
liberty to apply to me from time to time for any further or other order as to the
application of any of the said sums which may be ordered to be invested and the
accruing interest thereof.
7. And I order that the said C.D. do pay to the applicants their costs of and
incident to these proceedings, etc.
Dated this ................ day of ............ , 20......
Registrar for Workmen’s Compensation.
(iii) In case of application by person to whom expenses of medical attendance
or burial are due.
Having duly considered the matters submitted to me, I do hereby order as
follows:
[Here insert any introductory recitals of findings on which the order is made
which the Commissioner may think fit].
1. I order that the respondent C.D. do pay the sum of $............. for or towards
the expenses of medical attendance on and the burial of A.B., late of
............................deceased, who died on the ................ day of .......................
from injury caused on the ...................day of ..............by accident arising out of
and in the course of the employment of the said A.B. as a workman employed
by the said C.D.
2. And I declare that the persons hereinafter named are entitled to share in
such compensation that is to say:—
The applicant E.F. in respect of charges amounting to
$ .......................... due to (or payable by) him for medical attendance on the
said A.B., and the applicant G.H. in respect of charges amounting to
$.................. due to him for the burial of the said A.B.
Dated this .............. day of ...................., 20..............
Registrar for Workmen’s Compensation.
(NOTE—The above forms will serve as guides for framing orders in other cases).
FORM M—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 103
Workmen’s Compensation Regulations [Subsidiary]
FORM N
(THE WORKMEN’S COMPENSATION ACT)
Return of Service of Process from the Commissioner for Workmen’s
Compensation
I do swear that the above return of service is true and in accordance with the
facts of such service.
(Signed)
Deponent.
Sworn before me by the above-named deponent.............. this ...............
day of .................., 20 ...............
(Signed)
Magistrate (or Justice).
Name of
Applicant
Name of
Respondent
Document
Served
Date of
Service
Place of
Service
Mode of
Service
Regulation 36.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
104 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
FORM O
Memorandum of Agreement
It is hereby submitted that on the ............... day of .................. 20 .........., personal
injury was caused to ..........., residing at ........., by accident arising out of and in
the course of employment in ...................... The said injury has resulted in temporary
disablement to the said workman whereby it is estimated that he will be prevented
from earning more of his previous wages for a period of .....................
any
months. The said workman has been in receipt of half-monthly payments which
have continued from the ........... day of ........... 20............., until the ...............
day of .............. 20......., amounting to $........... in all. The said workman’s monthly
wages are estimated as $................ The workman is over the age of 17 years
will reach the age of 17 years
on ...................
It is further submitted that ................... the employer of the said workman,
has agreed to pay, and the said workman has agreed to accept, the sum of $...........
in full settlement of all and every claim under the Workmen’s Compensation
Act, in respect of all disablement of a temporary nature arising out of the said
accident, whether now or hereafter to become manifest. It is therefore requested
that this memorandum be duly recorded.
It is further submitted that the employer has paid and/or agreed to pay the sum of
$ ............only in respect of this agreement (including all negotiations and proceedings
preliminary thereto), to the Attorney-at-law for the workman, as costs.
Dated ...................................................................................................................
Signature of employer .........................................................................................
Witness .....................................................................................................................
Signature of workman ..........................................................................................
Witness .....................................................................................................................
(NOTE—An application to register an agreement can be presented under the
signature of one party, provided that the other party has agreed to the terms. But
both signatures should be appended, whenever possible).
Receipt (to be filled in when the money has actually been paid).
In accordance with the above agreement, I have this day received the sum of $...............
Workman.
Dated .................. 20..........
The money has been paid and this receipt signed in my presence.
Witness.
Regulation 39.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 105
Workmen’s Compensation Regulations [Subsidiary]
FORM P
Memorandum of Agreement
It is hereby submitted that on the............... day of ............... 20........, personal
injury was caused to ................. , residing at .............. by accident arising out of
and in the course of his employment in ................. The said injury has resulted
in permanent disablement to the said workman of the following nature, namely:
The said workman’s monthly wages are estimated at $....................... The
workman is over the age of 17 years on ....................... The said workman
will reach the age of 17 years
has, prior to the date of this agreement, received the following payments, namely:
It is further submitted that .........................., the employer of the
said workman, has agreed to pay, and the said workman has agreed to
accept the sum of $.................. in full settlement of all and every claim
under the Workmen’s Compensation Act in respect of the disablement
stated above and all disablement now manifest. It is therefore requested
that this memorandum be duly recorded.
It is further submitted that the employer has paid and/or agreed to
pay the sum of $ ........... only in respect of this agreement (including
all negotiations and proceedings preliminary thereto), to the Attorney-
at-law for the workman, as costs.
Dated ...................................................................................................................
Signature of employer ........................................................................................
Witness ...................................................................................................................
Signature of workman ....................................................................................
Witness.........................................................................................................................
(NOTE—An application to register an agreement can be presented under the
signature of one party, provided that the other party has agreed to the terms. But
both signatures should be appended, whenever possible).
Receipt (to be filled in when the money has actually been paid).
In accordance with the above agreement, I have this day received the sum of $.................
Workman.
Dated .............. 20 ...............
The money has been paid and this receipt signed in my presence.
Witness.
Regulation 39.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
106 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
FORM Q
Memorandum of Agreement
It is hereby submitted that on the................. day of ............ 20......., personal
injury was caused to ............. , residing at ............ , by accident arising out of
and in the course of employment in ...................... The said injury has resulted
in temporary disablement to the said workman, who is at present in receipt of
wages amounting to $..............per month. The said workman’s monthly wages
no wages
prior to the accident are estimated at $ ....................... The workman is subject
to a legal disability by reason of .................
It is further submitted that .................the employer of the workman has agreed
to pay and .............. on behalf of the said workman has agreed to accept
half-monthly payments at the rate of $ ............... for the period of the said
temporary disablement. This agreement is subject to the condition that the amount
of the half-monthly payments may be varied in accordance with the provisions
of the said Act on account of an alteration in the earnings of the said workman
during disablement.
It is further stipulated that all rights of commutation under section 8 of the
said Act are unaffected by this agreement. It is therefore requested that this
memorandum be duly recorded.
It is further submitted that the employer has paid and/or agreed to pay the sum
of $............. only in respect of this agreement (including all negotiations and
proceedings preliminary thereto) to the Attorney-at-law for the workman, as
costs.
Dated ...................................................................................................................
Signature of employer ........................................................................................
Witness ................................................................................................................
Signature of workman ....................................................................................
Witness.................................................................................................................
(NOTE—An application to register an agreement can be presented under
the signature of one party provided that the other party has agreed to the terms.
But both signatures should be appended, whenever possible).
Receipt (to be filled in when the money has actually been paid).
In accordance with the above agreement, I have this day received the sum of $.............
Workman.
Dated ..................20 .............
The money has been paid and this receipt signed in my presence.
Witness.
Regulation 39.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Workmen’s Compensation Chap. 88:05 107
Workmen’s Compensation Regulations [Subsidiary]
FORM R
Whereas an agreement to pay compensation is said to have been reached
between..............................................and ...........................................................
And whereas .................. has/have applied to the Commissioner for
Workmen’s Compensation for registration of the agreement under section 40 of
the Workmen’s Compensation Act, notice is hereby given that the said agreement
will be taken into consideration by the Commissioner at .............. o’clock on
the ................. day of ......................................, 20........., at ..........................
and that any objections to the registration of the said agreement should be made
on the date and at the place aforesaid. In the absence of valid objections, it is the
Commissioner’s intention to proceed to the registration of the agreement.
Registrar.
Dated ......................... 20..........
FORM S
Take notice that registration of the agreement to pay compensation said to
have been reached between you ..................... and ............................ on the
............................, 20........., has been refused by the Commissioner for
Workmen’s Compensation for the following reasons,
namely:
Registrar.
Dated ........................ 20 ..........
FORM T
Whereas an agreement to pay compensation is said to have been reached
between...............................................and ...........................................................
And whereas ................... has/have applied to the Commissioner for
Workmen’s Compensation for registration of the agreement under section 40 of
the Workmen’s Compensation Act and whereas it appears to the Commissioner
that the said agreement ought not to be registered for the following reasons,
namely:
...................... an opportunity will be afforded to you of showing cause at
................. o’clock on the ............................ day of .........., 20 ........., at
................................ why the said agreement should be registered. If no adequate
cause is shown on that date, registration of the agreement will be refused.
Registrar.
Dated...................., 20........
Regulation 40.
Regulations 40
and 41.
Regulation 41.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
108 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
FORM U
Whereas an agreement to pay compensation is said to have been reached
between ................................................... and ...................................................
And whereas ................. has/ have applied to the Commissioner for Workmen’s
Compensation for registration of the agreement under section 40 of the
Workmen’s Compensation Act. And whereas it appears to the Commissioner
that the said agreement ought not to be registered for the following reasons,
namely:
........................ an opportunity will be afforded to the said ........................ of
showing cause at .............................. o’clock on the ................................. day
of ................ 20.........., why the said agreement should be registered. Any
representation which you have to make with regard to the said agreement should
be made on that date. If adequate cause is then shown, the agreement may be
registered.
Registrar.
Dated .................... 20 ...............
Regulation 41.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Workmen’s Compensation Regulations [Subsidiary]
Workmen’s Compensation Chap. 88:05 109
LAWS OF TRINIDAD AND TOBAGO
L.R.O.
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
110 Chap. 88:05 Workmen’s Compensation
[Subsidiary] Workmen’s Compensation Regulations
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UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
