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Workmen’s Compensation Act


Published: 1949-07-25

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Workmen’s Compensation Act


2008 Revised Edition

CAP. 40.72






WORKMEN’S COMPENSATION ACT

Workmen’s Compensation Act CAP. 40.72 Arrangement of Sections





2008 Revised Edition


Page 3



WORKMEN’S COMPENSATION ACT

Arrangement of Sections
Section
1 Short title................................................................................................................ 5
2 Meaning of “workmen” ......................................................................................... 5
3 Interpretation.......................................................................................................... 6
4 Application to workmen employed under the Crown............................................ 8
5 Employer's liability for compensation for death or incapacity resulting

from accident ......................................................................................................... 9
6 Compensation in fatal cases................................................................................. 10
7 Compensation in the case of permanent total incapacity ..................................... 11
8 Compensation in the case of permanent partial incapacity.................................. 11
9 Compensation in the case of temporary incapacity ............................................. 11
10 Artificial limbs and apparatus.............................................................................. 13
11 Compensation for occupational diseases ............................................................. 13
12 Methods of calculating earnings .......................................................................... 14
13 Persons entitled to compensation......................................................................... 16
14 Distribution of compensation............................................................................... 16
15 Requirements as to notice of accident and application for compensation ........... 17
16 Medical examination and treatment..................................................................... 18
17 Agreement as to compensation ............................................................................ 19
18 Determination of claims....................................................................................... 20
19 Review ................................................................................................................. 20
20 Limitations of power of employer to end or decrease periodical payments ........ 21
21 Jurisdiction of the court ....................................................................................... 21
22 Power of the court to submit questions of law..................................................... 22
23 Appeals ................................................................................................................ 22
24 Liability in case of workmen employed by contractors ....................................... 23
25 Remedies against both employer and stranger..................................................... 23
26 Act to apply to accidents to seamen employed on Tuvalu ships.......................... 24
27 Proceedings independently of the Act ................................................................. 25
28 Compulsory insurance ......................................................................................... 26
29 Provisions as to case of bankruptcy of employer................................................. 26
30 Contracting out .................................................................................................... 27

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31 Compensation not to be assigned charged or attached.........................................27
32 Regulations...........................................................................................................27
33 Rules of court .......................................................................................................28
34 Instructions as to transfer of funds .......................................................................28


SCHEDULE 29

Supporting Documents

ENDNOTES 32

Workmen’s Compensation Act CAP. 40.72 Section 1





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WORKMEN’S COMPENSATION ACT

AN ACT TO MAKE PROVISIONS FOR COMPENSATION TO INJURED
WORKMEN1

Commencement [25th July 1949]

1 Short title
This Act may be cited as the Workmen’s Compensation Act.

2 Meaning of “workmen”
(1) In this Act, unless the context otherwise requires, the expression “workman”,

subject to section 4 and the proviso to this subsection, means any person who
has, either before or after the commencement of this Act, entered into or
works under a contract of service or apprenticeship with an employer whether
by way of manual labour, clerical work, or otherwise, and whether the
contract is expressed or implied, is oral or in writing and includes any person
under training (hereinafter referred to as a trainee) who is required to perform
work which would if not performed by the trainee have had in the ordinary
course of events to be performed by a workman as otherwise defined by this
subsection:

Provided that the following persons are excepted from the definition
of “workman” —
(a) any person employed otherwise than by way of manual labour whose

earnings exceed $10,000 a year; or
(b) a person whose employment is of a casual nature and who is employed

otherwise than for the purposes of the employer's trade or business, not
being a person employed for the purposes of any game or recreation
and engaged or paid through a club; or

(c) an outworker; or

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(d) a tributer; or
(e) a member of the employer's family dwelling in his house; or
(f) any class of persons whom the Minister may by order declare not to be

workmen for the purposes of this Act.

(2) If in any proceedings for the recovery of compensation under this Act it
appears to the court that the contract of service or apprenticeship under which
the injured person was working at the time when the accident causing the
injury happened was illegal, the court may, if having regard to all the
circumstances of the case it thinks proper so to do, deal with the matter as if
the injured person had at the time aforesaid been a person working under a
valid contract of service or apprenticeship.

(3) Except for the purposes of section 17 any reference to a workman who has
been injured shall, unless the context otherwise requires, where the workman
is dead, include a reference to his legal personal representative, or to his
dependants or any of them or the Commissioner of Labour or such other
officer as he may appoint to act on behalf of the dependants of the workman.

3 Interpretation
(1) In this Act, unless the context otherwise requires —

“adopted” means adopted under the authority of an adoption order made by a
court of competent jurisdiction;

“child” includes adopted child, grandchild, adopted grandchild, stepson and
stepdaughter;

“Tuvalu ship” means —
(a) any ship which is registered in Tuvalu under the Merchant

Shipping Act;2
(b) any ship which is owned by a body corporate established under the

laws of Tuvalu or having its principal office or place of business in
Tuvalu or any ship which is in the possession of any such body
corporate by virtue of a charter;

(c) any ship which is owned by any person whose chief office or place of
business in respect of the management of that ship is in Tuvalu or any
ship which is in the possession of any such person by virtue of a
charter;

(d) any ship which is owned by the Government of Tuvalu or which is in
the possession of the Government in that respect by virtue of a charter;

“Commissioner of Labour'“ means the Commissioner of Labour appointed
under section 4 of the Employment Act,3 and includes a Deputy
Commissioner of Labour or an Assistant Commissioner of Labour under the
said section;

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“compensation” means compensation as provided by this Act;

“court” means a magistrate's court;

“dependants” means those members of the family of a workman who were
wholly or in part dependent upon his earnings at the time of his death, or
would but for the incapacity due to the accident have been so dependent, and,
where the workman, being the parent or grandparent of an illegitimate child,
leaves such child so dependent upon his earnings, or, being an illegitimate
child, leaves a parent or grandparent so dependent on his earnings, shall
include such an illegitimate child or parent or grandparent respectively:

Provided that a person shall not be deemed to be a partial dependant of
another person unless he was dependent partially on contributions from or
made on behalf of that other person for the provision of the ordinary
necessaries of life suitable for persons in his class and position;

“earnings” includes wages or salary and, unless otherwise prescribed, any
allowance in respect of his employment paid to the workman by the employer
and the value of any food, fuel, or quarters supplied to the workman by the
employer if as a result of the accident the workman is deprived of such food,
fuel, or quarters; and any overtime payments or other special remuneration for
work done, whether by way of bonus or otherwise, if of constant character or
for work habitually performed; but shall not include remuneration for
intermittent overtime, or casual payments of a non-recurrent nature, or any ex
gratia payment whether given by the employer or other person, or the value
of 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 Tuvalu and any body of persons
corporate or unincorporate 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; and 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, for the
purposes of this Act, be deemed to be the employer;

“insurer” includes any insurance society, association, company
or underwriter;

“medical practitioner” means a medical practitioner or medical officer
registered, or conditionally registered, as such under the provisions of the
Medical and Dental Practitioners Act;4

“member of a family” means wife or husband, father, mother, grandfather,
grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter;

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stepson, stepdaughter, brother, sister, half-brother, half-sister, niece or nephew
and shall include any child or children, not specifically mentioned, living with
the deceased at the time of his death and wholly or mainly dependent upon his
earnings and such other person as was at the time of the injury living in the
household of the worker and was wholly or mainly dependent upon his
earnings;

“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 incapacity” means where the incapacity is of a temporary nature,
such incapacity 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 incapacity, and, where the incapacity is of a permanent nature, such
incapacity as reduces his earning capacity in every paid employment which he
was capable of undertaking at that time:

Provided that every injury specified in the Schedule, except such injury or
combination of injuries in respect of which the percentage or aggregate
percentage of the loss of earning capacity as specified in the Schedule against
such injury or injuries amounts to 100 per cent or more, shall be deemed to
result in permanent partial incapacity;

“seaman” means any workman employed as master, officer, pilot, seaman,
engineman, apprentice, stevedoring labourer, or in any other capacity
whatsoever on board a ship by the owner or charterer thereof;

“territorial waters” means that part of the sea adjacent to any island of
Tuvalu which is within 3 geographical miles measured from low water mark
of the seaward side of the reef fronting such coast, or, where a reef is not
present, from the low water mark of the coast itself;

“total incapacity” means such incapacity, whether of a temporary or
permanent nature, as in practice is likely to prevent a workman obtaining any
paid employment which he was capable of undertaking at the time of the
accident resulting in such incapacity;

“tributer” means a person who is granted permission to win minerals,
receiving a proportion of the minerals won by him or the value thereof.

(2) The exercise and performance of the powers and duties of local or other
public authority shall, for the purposes of this Act, be deemed to be the trade
or business of such local or other public authority.

4 Application to workmen employed under the Crown
This Act shall apply to workmen employed by or under the Crown in the same way
and to the same extent as if the employer were a private person, except in the case of

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persons in the naval or military or air service of the Crown and persons in the civil
employment of Her Majesty otherwise than in Her Government of Tuvalu:

Provided that this Act shall not apply in the case of a workman in the service of the
Government of Tuvalu 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 to him, or, in the case of his
death, to any of his dependants as defined in this Act, under any Act or regulation
providing for the grant of such pension or gratuity.

5 Employer's liability for compensation for death or incapacity resulting
from accident
(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 hereinafter provided, be liable to pay compensation in accordance with the
provisions of this Act; and for the purposes of this Act, an accident arisen out
of the employment shall be deemed, in the absence of evidence to the
contrary, to have arisen in the course of the employment and an accident
arising in the course of the employment shall be deemed, in the absence of
evidence to the contrary, to have arisen out of the employment:

Provided that —
(a) the employer shall not be liable under this Act in respect of any injury,

other than an injury which results in partial incapacity of a permanent
nature, which does not incapacitate the workman for a period exceeding
3 days from earning full wages at the work at which he was employed;
and

(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 incapacity, be disallowed.

(2) For the purposes of this Act, an accident resulting in the death or serious and
permanent incapacity 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) No compensation shall be payable under this Act in respect of any incapacity
or death resulting from a deliberate self-injury.

(4) No compensation shall be payable under this Act in respect of any incapacity
or death resulting from personal injury, the workman has at any time
represented to the employer that he was not suffering or had not previously

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suffered from that or a similar injury, knowing that the representation was
false.

(5) An accident happening to a workman in or about any premises at which he is
for the time being employed for the purposes, his employer's trade or business
shall be deemed to arise out of and in the course of his employment and the
employer shall be liable to pay compensation if the accident happens while he
is taking steps on an actual or supposed emergency at those premises to
rescue, succour or protect persons who are, or are thought to be or possibly to
be, injured or imperilled, or to avert or minimise serious damage to property.

(6) An accident happening to a workman while he is travelling to or from his
place of work as a passenger by any vehicle, ship, vessel or aircraft provided
by his employer or operated in the ordinary course of public transport service
shall be deemed to arise out of and in the course of his employment.

(7) An accident happening to a workman travelling to or from his place of work
as a passenger by any other vehicle, ship, vessel or aircraft shall not be
deemed to arise out of and in the course of his employment unless the
employer has given express or implied permission to use such other transport.

6 Compensation in fatal cases
Where death results from the injury —

(a) if the workman leaves any dependants wholly dependent on his
earnings, the amount of compensation shall be a sum equal to 36
months' earnings or $10,000 whichever is less:

Provided that in no case shall the amount of compensation under this
paragraph be less than $1000:

And provided further that where in respect of the same accident
compensation has been paid under the provisions of section 7 or section
8 there shall be deducted from the sum payable under this paragraph
any sums so paid as compensation;

(b) if the workman does not leave any dependants wholly dependent on his
earnings, but leaves any dependants in part so dependent, the amount of
compensation shall be such sum, not exceeding in any case the amount
payable under paragraph (a), as may be agreed upon or, in default of
agreement, as may be determined by the court to be reasonable and
proportionate to the injury to the said dependants;

(c) if the workman leaves no dependants, the reasonable expenses of the
burial of the deceased workman and the reasonable expenses of medical
attendance on the deceased workman, not exceeding in all the sum of
$50, shall be paid by the employer.

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7 Compensation in the case of permanent total incapacity
(1) Where permanent total incapacity results from the injury the amount of

compensation shall be a sum equal to 36 months' earnings or, $10,000
whichever is less:

Provided that in no case shall the amount of compensation in respect of
permanent total incapacity be less than $1,000.

(2) Notwithstanding the provisions of subsection (1), where an injury results in
permanent total incapacity of such a nature that the injured workman must
have the constant help of another person, additional compensation shall be
paid amounting to one-quarter of the amount which is otherwise payable
under the provisions of this section.

8 Compensation in the case of permanent partial incapacity
(1) Where permanent partial incapacity results from the injury the amount of

compensation shall be —
(a) in the case of an injury specified in the Schedule, such percentage of

the compensation which would have been payable in the case of
permanent total incapacity as is specified therein as being the
percentage of the loss of earning capacity caused by that injury; and

(b) in the case of an injury not specified in the Schedule, such percentage
of the compensation which would have been payable in the case of
permanent total incapacity as is proportionate to the loss of earning
capacity permanently caused by the injury.

(2) Where more injuries than 1 are caused by the same accident, the amount of
compensation payable under the provisions if this section shall be aggregated,
but not so in any case as to exceed the amount which would have been
payable if permanent total incapacity had resulted from the injuries.

9 Compensation in the case of temporary incapacity
(1) Where temporary incapacity, whether total or partial, results from the injury,

the compensation shall be the periodical payments hereinafter mentioned
payable at such intervals as may be agreed upon or as the court may order, or
a lump sum calculated accordingly, having regard to the probable duration
and probable changes in degree of the incapacity. Such periodical payments
shall be based on the following scales —
(a) where the workman's earnings do not exceed $40 a month, 100 per cent

of such earnings;
(b) where the workman's earnings exceed $40 a month but do not exceed

$60 a month, 75 per cent of such earnings with a minimum of $40;

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(c) where the workman's earnings exceed $60 a month, 66 2/3 per cent of
such earnings with a minimum of $50:
Provided that —
(i) no periodical payment shall in any case exceed the difference

between the amount of the monthly earnings which the workman
was earning at the time of the accident and the amount of the
monthly earnings which he is earning or is capable of earning
during the period of incapacity in some suitable employment or
business after the accident;

(ii) no periodical payment under the provisions of this section shall
be at a higher rate than $330 a month;

(iii) if the period of incapacity exceeds 3 days, compensation shall be
payable in respect of the total period of incapacity;

(iv) neither the aggregate of the periodical payments nor the lump
sum payable under this subsection shall exceed the lump sum
which would be payable in respect of the same degree of
incapacity under the provisions of section 7 or section 8, as the
case may be, if the incapacity were permanent;

(v) where a medical practitioner certifies as necessary on account of
the injury any period spent by the workman in hospital or absent
from his work such period shall be regarded as a period of total
temporary incapacity irrespective of the outcome of the injury.

(2) In fixing the amount of the periodical payments the court shall have regard to
any payment, allowance, ration or benefit which the workman may receive
from the employer during the incapacity.

(3) In the event of death or permanent incapacity following after temporary
incapacity, no deductions shall be made from any lump sum payment under
the provisions of section 6, section 7 or section 8 by reason of periodical
payments or a lump sum payment having been made under the provisions of
this section.

(4) On the ceasing of the incapacity before the date on which any periodical
payment falls due, there shall be payable in respect of that period a sum
proportionate to the duration of the incapacity in that period.

(5) Where a workman in receipt of periodical payments under the provisions of
this section intends to leave the neighbourhood in which he was employed for
the purpose of residing elsewhere, he shall give notice of such intention to the
employer who may agree with the workman for the redemption of such
periodical payments by a lump sum, or for the continuance of such periodical
payments; and if the employer and the workman are unable to agree, either
party may apply to the court, which shall have jurisdiction to order such
redemption and to determine the amount to be paid or to order the
continuance of the periodical payments:

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Provided that any lump sum so ordered to be paid together with the periodical
payments already made to the workman shall not exceed the lump sum which
would be payable in respect of the same degree of incapacity under section
7(1), or section 8, as the case may be, if the incapacity were permanent.

(6) If a workman in receipt of periodical payments under the provisions of this
section leaves the neighbourhood in which he is employed for the purpose of
residing elsewhere without giving notice as provided in subsection (5) or
having given such notice leaves the neighbourhood as aforesaid without
having come to an agreement with his employer for the redemption or
continuance of such periodical payments, or without having made an
application to the court under subsection (5), he shall not be entitled to any
benefits under this Act during or in respect of the period of his absence; and if
the period of such absence exceeds 6 months, the workman shall cease to be
entitled to any benefits under this Act.

10 Artificial limbs and apparatus
(1) Where an accident arising out of and in the course of his employment has

caused loss of a limb or other mutilation and the supply of an artificial
member or members or apparatus (including dental appliances and artificial
eyes) will improve the earning capacity of an injured workman, such artificial
member or members or apparatus shall be provided at the expense of the
employer and the rate of compensation payable shall be reduced in proportion
to the improvement in earning capacity resulting from the use of artificial
member or members or apparatus.

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

11 Compensation for occupational diseases
(1) If a workman, within the 12 months previous to the date of the disablement,

contracts any disease to which this section applies, and the disease is due to
the nature of the employment, and the incapacity or death of the workman
results from that disease, compensation shall be payable as if the disease was
a personal injury by accident arising out of and in the course of that
employment and all the provisions of this Act shall apply accordingly, subject
however to the provisions of this section.

(2) No compensation shall be payable under this section in respect of the
incapacity or death of a workman if that incapacity begins or that death
happens, as the case may be, more than 12 months after the workman has
ceased to be employed, in any employment to the nature of which the disease
is due, by the employer from whom the compensation is claimed:

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Provided that this subsection shall not apply to the death of a workman when
his death has been preceded, whether immediately or not, by any period of
incapacity in respect of which the employer is liable under this section.

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

(4) For all the other purposes of this Act the commencement of the incapacity of
the workman, or the date of his death if there has been no previous period of
incapacity, shall be treated as the date of the happening of the accident.

(5) If the disease has been contracted by a gradual process so that 2 or more
employers are severally liable to pay compensation in respect thereof under
this section, the aggregate amount of compensation recoverable shall not
exceed the amount that would have been recoverable if those employers had
been a single employer, and in any such case those employers shall, in default
of agreement, be entitled as between themselves to such rights of contribution
as the court thinks just, having regard to the circumstances of the case, in any
action brought or application made by any of them for this purpose.

(6) The diseases to which this section applies are such as are declared by the
Minister to be diseases within the operation of this Act.

12 Methods of calculating earnings
(1) For the purposes of this Act the monthly earnings of a workman shall be

computed in such manner as is best calculated to give the rate per month at
which the workman was being remunerated during the previous 12 months if
he has been so long employed by the same employer, but, if not, then for any
less period during which he has been in the employment of the same
employer:

Provided that where by reason of the shortness of the time during which the
workman has been in the employment of his 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 the rate of remuneration, regard may be had to the
average monthly amount which, during the 12 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:

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Provided further that for the purposes of computing the monthly earnings of a
casual worker employed as a stevedoring labourer, such worker shall be
deemed to have been employed for not less than 8 full working shifts per
month at the usual rate of pay for the work upon which he was employed at
the time of the accident.

(2) For the purposes of the preceding subsection, employment by the same
employer shall be taken to mean employment by the same employer in the
grade in which the workman was employed at the time of the accident,
uninterrupted by absence from work due to illness or any other unavoidable
cause.

(3) Where the workman had entered into concurrent contracts of service with 2 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:

Provided that the earnings of the workman under the concurrent contract shall
be taken into account only so far as the workman is incapacitated from
performing the concurrent contract.

(4) Upon request of the workman to the employer liable to pay compensation,
that employer shall furnish in writing a list of the earnings which have been
earned by that workman upon which the amount of the monthly earnings may
be calculated for the purposes of this section, or, if owing to the casual nature
or the terms of the employment it is impracticable to furnish a list of the
earnings of that particular workman, the employer shall furnish in writing the
average monthly amount which, during the 12 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.

(5) When a workman is at the time of the accident under the age of 21 years, or is
an apprentice, trainee or learner, and his incapacity, whether total or partial, is
permanent, his monthly earnings at the time of the accident shall be deemed
to be the monthly sum which he would probably have been able to earn if he
had then attained the age of 21 years or had completed his apprenticeship, or
had ceased to be a trainee or learner, as the ease may be, being in no case less
than $30 per month:

Provided that nothing in this subsection shall extend to the compensation
payable on the death of a workman.

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13 Persons entitled to compensation
(1) The compensation shall be payable to or for the benefit of the workman, or,

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

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

(3) Where a dependant dies before a claim in respect of death is made under this
Act, or, if a claim has been made, before an order for the payment of
compensation has been made, the legal personal representative of the
dependant shall have no right to payment of compensation, and the claim for
compensation shall be dealt with as if that dependant had died before the
workman.

14 Distribution of compensation
(1) Compensation payable where the death of a workman has resulted from an

injury shall be paid to the court, and the court may order any sum so paid in to
be apportioned among the dependants of the deceased workman or any of
them in such proportion as the court thinks fit, or, in the discretion of the
court, to be allotted to any 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 the court thinks fit.

(2) Where, on application being made in accordance with rules made under this
Act, it appears to the court that, on account of the variation of the
circumstances of the various dependants, or of any other sufficient cause, an
order made under this subsection ought to be varied, the court may make such
order as to the apportionment for the variation of the former order as in the
circumstances of the case the court may think just.

(3) Compensation payable under the provisions of section 7 or section 8 and lump
sums payable under the provisions of section 9 shall be paid to the court, and
any sum so paid shall be paid to the person entitled thereto or be invested,
applied or otherwise dealt with for his benefit in such manner as the court
thinks fit.

(4) Nothing in this section shall prevent an employer from making any payment
to a workman pending the settlement or determination of the claim and the
court may order that the whole or any part of such payment shall be deducted
from the amount of compensation payable to him under the provisions of this
section.

(5) Any other compensation payable under this Act may be paid to the workman
or to the court and when paid to the court shall be paid by the court to the
person entitled thereto.

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(6) The receipt of the clerk of the court shall be a sufficient discharge in respect
of any amount paid to the court under the provisions of this Act.

(7) Any order or directions of the court under this section shall be final and shall
not be questioned in, nor shall any appeal lie therefrom to any other court
whatsoever.

15 Requirements as to notice of accident and application for
compensation
(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 by or on
behalf of the workman as soon as practicable after the happening thereof and
before the workman has voluntarily left the employment in which he was
injured, and unless the application for compensation with respect to such
accident has been made within 6 months from the occurrence of the accident
causing the injury or, in the case of death, within 6 months 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
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 or other
reasonable cause;

(b) the failure to make an application 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 or other reasonable cause.

(2) Notice in respect of an injury under this Act may be given orally or in writing.

(3) Notice in respect of an injury under this Act may be given 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 on which the accident happened.

(4) The notice, if in writing, may be given by delivering the same 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.

(5) Where the employer is a body of persons, corporate or unincorporate, the
notice, if in writing, may also be given by delivering it or sending it by post in

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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.

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

16 Medical examination and treatment
(1) Where a workman has given notice of an accident he shall, if the employer,

before the expiry of 7 days from the time at which notice has been given,
offers to have him examined free of charge by a medical practitioner named
by the employer, submit himself for such examination, and any workman who
is in receipt of a periodical payment under section 9 shall, if so required,
submit himself for such examination from time to time.

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

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

(4) If the workman fails to submit himself for such examination, his right to
compensation shall be suspended until such examination has taken place; and
if such failure extends for a period of 15 days from the date when the
workman was required to submit himself for examination under subsection
(2) or subsection (3), as the case may be, no compensation shall be payable,
unless the court is satisfied that there was reasonable cause for such failure.

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

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

(7) If the workman has failed to submit himself for treatment by a medical
practitioner when so required under the provisions of subsection (6), or
having submitted himself for such treatment has disregarded the instructions
of such medical practitioner, then if it is proved that such failure or disregard
was unreasonable in the circumstances of the case and that the injury has been
aggravated thereby, the injury and resulting incapacity shall be deemed to be
of the same nature and duration as they might reasonably have been expected
to be if the workman had submitted himself for treatment by, and duly, carried
out the instructions of, such medical practitioner, and compensation, if any,
shall be payable accordingly.

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(8) Where under this section a right to compensation is suspended, no
compensation shall be payable in respect of the period of suspension save
where the court is satisfied that there was reasonable cause on the part of the
workman for failure to attend on the medical practitioner.

(9) Notwithstanding the previous provisions of this section, where a claim for
compensation is made in respect of the death of a workman, then if the
workman failed to submit to examination by a medical practitioner when so
required under the provisions of this section, or failed to submit himself for
treatment by a medical practitioner when so required under the provisions of
this section, or having submitted himself for such treatment disregarded the
instructions of such medical practitioner, and if it is proved that such failure
or disregard was unreasonable in the circumstances of the case and that the
death of the workman was caused thereby, the death shall not be deemed to
have resulted from the injury and no compensation shall be payable in respect
of the injury.

(10) Where the employer has not at his own expense made suitable arrangements
for medical or surgical attendance in respect of an injured workman, the
workman shall, in addition to the compensation payable under sections 7, 8, 9
or 11, be entitled to a sum equal to the reasonable expenses incurred by him
for medical or surgical attendance in respect of his injury.

17 Agreement as to compensation
(1) The employer and workman may, with the approval of the Commissioner of

Labour, after the injury in respect of which the claim to compensation has
arisen, agree in writing as to the compensation to be paid by the employer;
and such agreement shall be in triplicate, 1 copy to be kept by the employer, 1
copy to be kept by the workman and 1 copy to be sent by the employer to the
Commissioner of Labour:

Provided that —
(a) the compensation agreed upon shall not be less than the amount payable

under the provisions of this Act; and
(b) where the workman is unable to read and understand writing in the

language in which the agreement is expressed, the agreement shall not
be binding against him, unless it is endorsed by a certificate of the
Commissioner of Labour to the effect that he read over and explained
to the workman the terms thereof and that the workman appeared fully
to understand and approve the agreement.

(2) Any agreement made under subsection (1) may on application to the court be
made an order of the court.

(3) Where compensation has been agreed the court may, notwithstanding that the
agreement has been made an order of the court under the previous subsection,
on application by any party within 3 months after the date of they agreement,

Section 18 CAP. 40.72 Workmen’s Compensation Act





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cancel it and make such order (including an order as to any sum already paid
under the agreement) as in the circumstances the court may think just, if it is
proved —
(a) that the sum paid or to be paid was or is not in accordance with the

provisions of subsection (1); or
(b) that the agreement was entered into in ignorance of, or under a mistake

as to, the true nature of the injury; or
(c) that the agreement was obtained by such fraud, undue influence,

misrepresentation or other improper means as would, in law, be
sufficient ground for avoiding it.

(4) No stamp duty shall be leviable or payable on any agreement under
this section.

18 Determination of claims
(1) If an employer on whom notice of the accident has been served under section

15 does not within 14 days after the receipt of the notice agree in writing with
the workman as to the amount of compensation to be paid, the workman may,
in the prescribed form and manner, make an application for enforcing his
claim to compensation to the magistrate's court having jurisdiction where the
accident giving rise to the claim occurred.

(2) All claims for compensation under this Act, unless determined by agreement,
and any matter arising out of proceed thereunder, shall be determined by the
court whatever may be the amount involved, and the court may, for that
purpose, call upon any government officer or any, independent medical
practitioner to give evidence, if the court is of opinion that such officer or
practitioner is, by virtue of his expert knowledge, able to assist the court.

19 Review
(1) Any periodical payment payable under this Act, either under agreement

between the parties or under an order of the court, may be reviewed by the
court on the application either of the employer or of the workman:

Provided that where the application for review is based on a change in the
condition of the workman any such application shall be supported by a
certificate of a medical practitioner if the services of a medical practitioner are
available.

(2) Any periodical payment may, on review under this section, subject to the
provisions of this Act, be continued, increased, diminished, converted to a
lump sum, or ended. If the accident is found to have resulted in permanent
incapacity, the periodical payment shall be converted to the lump sum to
which the workman is entitled under the provisions of section 7 or section 8,

Workmen’s Compensation Act CAP. 40.72 Section 20





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as the case may be, and such lump sum stall be dealt with in accordance with
section 14(3).

(3) Where application is made by an employer under this section for any
periodical payment to be ended or diminished, and the application is
supported by the certificate of a medical practitioner, the employer may pay
into court the periodical payment, or so much thereof as is equal to the
amount by which he contends that the periodical payment should be
diminished, to abide the decision of the court made on a review under
this section.

(4) In making a review under this section the court shall have regard only to the
capacity for work of the workman as affected by the accident.

20 Limitations of power of employer to end or decrease periodical
payments
Subject to the provisions of section 9(6), section 16(4), and section 19(3), an
employer shall not be entitled, otherwise than in pursuance of an agreement or an
order of the court —

(a) to end periodical payments except —
(i) where a workman resumes work and his earnings are not less

than the earnings which he was obtaining before the accident; or
(ii) where a workman dies;

(b) to diminish periodical payments, except that, where the earnings of a
workman in receipt of periodical payments, together with such
payments, exceed the amount of his earnings at the date of the accident
the employer may diminish the payments to such workman by an
amount equal to such excess.

21 Jurisdiction of the court
(1) Save as is provided in this Act and any rules made thereunder, the court shall,

upon or in connection with any question to be investigated or determined
thereunder, have, all the powers and jurisdiction exercisable by the High
Court in or in connection with civil actions in such court and the law, rules
and practice relating to such civil actions and to the enforcement of judgments
and orders of the court shall mutatis mutandis apply.

(2) Where in any proceedings under this Act on a claim for compensation in
respect of the death of a workman, the court is satisfied that other or sufficient
evidence as to the dependency on the deceased workman of a person claiming
to be a dependant, or as to the degree of such dependency, cannot be
procured, or cannot be procured without undue hardship to the claimant or
other party to the proceedings, a statement as to the dependency and as to the
degree of dependency of the claimant signed by the president of the council of

Section 22 CAP. 40.72 Workmen’s Compensation Act





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the island on which the claimant resides, shall be prima facie proof of the
facts stated therein; and the signature of the president shall be admitted
without proof unless the court shall have reason to doubt the genuineness
thereof.

(3) If in such proceedings any evidence is adduced which in the opinion of the
court traverses the facts set out in such a statement, or if for any other reason
the court thinks fit, the court may request a court having jurisdiction in the
island on which a person claiming to be a dependant resides to investigate the
fact of the dependency and the degree of the dependency of such person; and
the record of any such investigation including the finding of the court thereon
shall be receivable as evidence in the proceedings, and a certificate signed by
an island magistrate shall be sufficient proof of such record and such
signature shall be admitted without proof unless the court shall see reason to
doubt the genuineness thereof.

(4) Where a request is received by an island court from a magistrate's court, for
an investigation of any matter arising out of proceedings for compensation
instituted in the magistrate's court under this Act, the island court shall have
jurisdiction to conduct such investigation, and shall transmit to the
magistrate's court the record of such investigation, including its findings
thereon, duly certified by the island magistrate or by an officer of the court.

22 Power of the court to submit questions of law
The court may, if it thinks fit, submit any question of law for the consideration of the
High Court by way of case stated and the provisions of section 41 of the
Magistrates’ Courts Act shall apply.

23 Appeals
(1) Subject to the provisions of this section and of section 14, an appeal shall lie

to the High Court from an order of the court.

(2) No appeal shall lie in any case in which the parties have agreed to abide by
the decision of the court or in which the order of the court gives effect to an
agreement come to by the parties.

(3) No appeal shall lie after the expiration of 30 days from the date of the order of
the court:

Provided that the High Court may, if it thinks fit, extend the time for
appealing under this section notwithstanding that the time for appealing has
elapsed.

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24 Liability in case of workmen employed by contractors
(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
otherwise than as a tributer (which other person is in this section referred to as
the contractor) for the execution by or under the contractor of the whole or
any part of any 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 employed 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.

(3) Where a claim or application for compensation is made under this section
against a principal, the principal shall give notice thereof to the contractor
who shall thereupon be entitled to intervene in any application made against
the principal.

(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.

25 Remedies against both employer and stranger
Where the injury in respect of 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 thereof —

(a) the workman may take proceedings both against that person to recover
damages and against any person liable to pay compensation under this
Act for such compensation:
Provided that —
(i) if the workman has recovered compensation under this Act

before damages have been awarded in such proceedings, then the
amount of such compensation shall be deducted from the
damages to be so awarded;

(ii) if the workman has recovered damages in such proceedings
before compensation under this Act has been paid, then,

Section 26 CAP. 40.72 Workmen’s Compensation Act





2008 Revised Edition Page 24




notwithstanding the provisions of this Act, the amount of such
compensation shall be abated by the amount of damages so
recovered; 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 the provisions of section 24
relating to liability in case of workmen employed by contractors, shall
be entitled to be indemnified as regards the amount of compensation,
including costs, by the person so liable to pay damages as aforesaid,
and any question as to the right to and amount of any such indemnity
shall, in default of agreement, be settled by civil suit or, by consent of
the parties, by arbitration under the Arbitration Act.5

26 Act to apply to accidents to seamen employed on Tuvalu ships
(1) This Act shall apply to an accident happening to any seaman employed on a

Tuvalu ship whether the accident happens in Tuvalu or elsewhere or on board
the said ship or elsewhere.

(2) The application of this Act in respect of accidents happening to any seaman
shall be subject to the following modifications —
(a) the notice of accident and the claim for compensation may, except

where the person injured is the master, be served on the master of the
ship as if he were the employer, but where the accident happened and
the incapacity commenced on board the ship it shall not be necessary to
give notice of the accident;

(b) in the case of the death of the seaman, the claim for compensation shall
be made within 6 months after the news of the death has been received
by the claimant;

(c) in the case of the death of a seaman leaving no dependants, no
compensation shall be payable if the owner of the ship is, under the
Merchant Shipping Act 1894, liable to pay the expenses of burial;

(d) where incapacity for work results from the injury, the owner of the ship
may deduct from the payments due to the injured seaman under this Act
any expenses of maintenance which the owner of the ship is, under the
Merchant Shipping Act 1894, as amended by any subsequent enactment
or otherwise, liable to defray and has, in fact defrayed;

(e) any sum payable under this Act shall be paid in full notwithstanding
anything in the Merchant Shipping Act, but any limitation of the
owner’s liability imposed by or under that Act shall apply to the
amount receivable by way of indemnity under section 25 as if the
indemnity were damages for loss of life or personal injury;

(f) the Merchant Shipping Act shall apply as respects proceedings for the
recovery of compensation by the dependants of a seaman lost with his

Workmen’s Compensation Act CAP. 40.72 Section 27





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Page 25



ship as they apply with respect to proceedings for the recovery of
wages due to seamen and apprentices; and proceedings for the recovery
of compensation shall in such a case be maintainable if the claim is
made within 18 months of the date at which the ship is deemed to have
been lost with all hands.

(3) This Act does not apply in respect of accidents to such members of the crew
of a fishing vessel as are remunerated by shares in the profits or the gross
earnings of the working of such vessel.

(4) When an action is commenced for the recovery of compensation in respect of
an accident happening out of Tuvalu, the action shall; on the application of
the defendant, be stayed until the plaintiff has, given to the defendant a
sufficient undertaking not to institute any proceedings for the recovery of
compensation or damages from the defendant in any country in respect of the
same accident.

(5) In any action for the recovery of compensation it shall be a good defence that
proceedings for the recovery of compensation or damages in respect of the
same accident have been instituted by or on behalf of the same person against
the same defendant in any country other than Tuvalu or that any claim by or
on behalf of the same person against the same defendant for compensation or
damages in respect of the same accident under the laws of any country other
than Tuvalu, has been settled by agreement or fully satisfied.

(6) For the purposes of this Act an accident shall be deemed to happen in Tuvalu
if it happens within territorial waters and shall be deemed to happen out of
Tuvalu if it happens elsewhere.

(7) For the purposes of this section “fishing vessel” and “Tuvalu waters” have the
meanings given in Schedule 1 to the Merchant Shipping Act6 and a reference
to that Act includes regulations made under that Act.

27 Proceedings independently of the Act
(1) Where the injury was caused by the personal negligent or wilful act of the

employer or of some other person for whose act or default the employer is
responsible, nothing in this Act shall prevent proceedings to recover damages
being instituted against the employer in a civil court independently of this
Act:

Provided that —
(a) if damages are awarded after compensation has been paid the amount of

damages awarded in such proceedings shall take into account the
compensation paid in respect of the same injury under this Act;

(b) a judgment against the employer in such proceedings shall be a bar to
proceedings under this Act in respect of the same injury at the suit of
any person by whom or on whose behalf the proceedings against the
employer were taken.

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(2) If in proceedings independently of this Act or on appeal it is determined that
the employer is not liable under such proceedings, the court in which such
proceedings are taken or the appellate tribunal shall, if the plaintiff so choose,
proceed to determine whether compensation under this Act is liable to be paid
to the plaintiff and shall assess the amount, of compensation so payable, but
may deduct from such compensation any extra costs which in the opinion of
the court or appellate tribunal; live been incurred by the employer by reason
of the proceedings; living been taken independently of this Act.

28 Compulsory insurance
(1) The Minister may, by order, require any employer or class of employers to

insure and keep himself or themselves insured, with such insurers as may be
approved by the Minister, in aspect of any liability which they may incur
under the provisions of this Act to any workman employed by them.

(2) Any employer who acts in contravention of any order made under the
provisions of subsection (1) shall be guilty of an offence and liable to a fine of
$10 for every day during which the default continues.

29 Provisions as to case of bankruptcy of employer
(1) Where any employer has entered into a contract with any insurers in respect

of any liability under this Act to any workman, 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
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, the rights of the
employer against the insurers as respects that liability shall, notwithstanding
anything in the enactments relating to bankruptcy and the winding-up of
companies, be transferred to and vested in the workman, and upon any such
transfer the insurers shall have the same rights and remedies and be subject to
the same liabilities as if they were the employer, so, however that the insurers
shall not be under any greater liability to the workman than they would have
been under to the employer.

(2) If the liability of the insurers to the workman is less than the liability of the
employer to the workman, the workman may prove for the balance in the
bankruptcy or liquidation, or, as the case may be, he may recover the balance
from the receiver or manager.

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30 Contracting out
Any contract or agreement, whether made before or after the commencement of this
Act, whereby a workman relinquishes any right of compensation from an employer
for injury arising out of and in the course of his employment, shall be null and void
in so far as it purports to remove or reduce the liability, of any person to pay
compensation under this Act:

Provided that a workman, who has obtained compensation in respect of permanent
partial or permanent total incapacity, may enter into a contract reducing or giving up
his right to compensation under this Act in respect of any future personal injury by
accident if such contract is certified to be fair and reasonable by the Commissioner
of Labour.

31 Compensation not to be assigned charged or attached
Compensation payable under this Act shall not be capable of being assigned,
charged or attached, and shall not pass to any other person by operation of law, nor
shall any claim be set off against such compensation.

32 Regulations
(1) The Minister may make regulations not inconsistent with this Act for the

purpose of giving better effect to the purposes and provisions thereof and,
without prejudice to the generality of the foregoing power, he may make
regulations —
(a) prescribing procedure, forms and fees;
(b) prescribing anything which is to be or may be prescribed under this

Act; and
(c) requiring employers and insurers carrying on in Tuvalu the, business of

insuring employers against their liabilities under this Act to make
periodic or other returns as to such matters as he may think fit, and
prescribing a time limit for the making of such returns.

(2) Any person required to make a return by virtue of any regulation made under
subsection (1) who —
(a) fails to make such return within the time within which he is required to

make it;
(b) makes or causes to be made a return which he knows 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, shall be guilty of
an offence and liable to a fine of $10 for every day during which the
default continues.

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(3) Where a person convicted of an offence under this section is a company, the
chairman and every director and every officer of the company shall be guilty
of a like offence unless he proves that the act or omission constituting the
offence took place without his knowledge or consent.

33 Rules of court
The Chief Justice may make rules of court for regulating proceedings before the
court under this Act, and for the fees payable in respect thereof.

34 Instructions as to transfer of funds
(1) Where an arrangement has been made whereby sums awarded under the law

relating to workmen's compensation in Tuvalu to beneficiaries resident or
becoming resident in the United Kingdom or in any other part of Her
Majesty's dominions, and sums awarded under the law relating to workmen's
compensation in the United Kingdom or in such other part of Her Majesty's
dominions to beneficiaries resident or becoming resident in Tuvalu, may, at
the request of the authority by which the award is made, be transferred to and
administered by a competent authority in the United Kingdom or in such other
part of Her Majesty's dominions or in Tuvalu, as the case may be, the Minister
may give instructions —
(a) for the transfer, in such manner as may be provided by the arrangement,

to the United Kingdom or that part of Her Majesty's dominions with
which the arrangement is made of any money in the disposition of the
court applicable for the benefit of any person resident in or about to
reside in the United Kingdom or such other part of Her Majesty's
dominions;

(b) for the receipt and administration by an officer appointed by the
Minister for this purpose of any money which under any such
arrangement has been transmitted from the United Kingdom or the part
of Her Majesty's dominions with which the arrangement has been made
as money applicable for the benefit of any person resident or about to
reside in Tuvalu.

(2) For the purposes of this section, “Her Majesty's dominions” includes British
protectorates and protected states and territories in respect of which a mandate
has been accepted by Her Majesty.

Workmen’s Compensation Act CAP. 40.72 SCHEDULE





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SCHEDULE

(Section 3(1) and 8(1))

Injury Percentage
of
incapacity



Loss of 2 limbs.................................................................

Loss of both hands or of all fingers and both thumbs...........................

Total loss of sight..............................................................

Total paralysis...........................................................

Injuries resulting in being bedridden permanently.................

Any other injury causing permanent total disablement............

Loss of remaining eye by 1-eyed workman.........................

Loss of remaining arm by 1-armed workman......................

Loss of arm at shoulder................................................

Loss of arm between elbow and shoulder...........................

Loss of arm at elbow...................................................

Loss of arm between wrist and elbow................................

Loss of hand at wrist...................................................

Loss of 4 fingers and thumb of 1 hand...............................

Loss of 4 fingers.........................................................

Loss of thumb —

both phalanges..................................................

1 phalanx........................................................

Loss of index finger —

3 phalanges......................................................

2 phalanges......................................................

1 phalanx........................................................



100

100

100

100

100

100

100

100

60

50

47½

45

42½

42½

35



35

10



10

8

4

SCHEDULE CAP. 40.72 Workmen’s Compensation Act





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Injury Percentage
of
incapacity

Loss of middle finger —

3 phalanges......................................................

2 phalanges......................................................

1 phalanx........................................................

Loss of ring finger —

3 phalanges......................................................

2 phalanges......................................................

1 phalanx........................................................

Loss of little finger —

3 phalanges......................................................

2 phalanges......................................................

1 phalanx........................................................

Loss of metacarpals —

first or second (additional)....................................

third, fourth or fifth (additional).............................

Loss of leg at or above knee...........................................

Loss of leg below knee.................................................

Loss of foot..............................................................

Loss of toes —

all.................................................................

great, both phalanges..........................................

great, 1 phalanx................................................

Loss of eye —

eye out..........................................................

sight of..........................................................



6

4

2



5

4

2



4

3

2



3

2

70

40

40



20

20

5



30

30

Workmen’s Compensation Act CAP. 40.72 SCHEDULE





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Injury Percentage
of
incapacity

lens of ...........................................................

sight of, except perception of light..........................

Loss of hearing —

both ears.........................................................

1 ear ............................................................

30

30



50

7



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.

Where there is a loss of 2 or more parts of the hand, the percentage of incapacity
shall not be more than for the whole hand.

Where there are 2 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, namely —

(a) where 2 digits have been injured, the sum total of the percentages shall
be increased by 20 per cent of such sum total;

(b) where 3 digits have been injured the sum total of the percentages shall
be increased by 30 per cent of such sum total;

(c) where 4 digits have been injured, the sum total of the percentages shall
be increased by 40 per cent of such sum total.

A 1-eyed workman who on entering employment has failed to disclose to his
employer the fact that he is 1-eyed shall, if he loses his remaining eye, be entitled to
compensation in respect of a degree of disablement of 30 per cent only.

For the purposes of this Schedule, a 1-eyed workman means a workman who has
lost the sight of 1 eye.

ENDNOTES CAP. 40.72 Workmen’s Compensation Act





2008 Revised Edition Page 32




ENDNOTES


1 1990 Revised Edition, Cap. 83 – Acts 6 of 1949, 11 of 1966, 8 of 1968, 2 of 1969, 8 of 1971, 28 of

1974, 11 of 1987, LN 28/66
2 Cap. 64A
3 Cap. 40.28
4 Cap. 28.12
5 Cap. 7.04
6 Cap. 48.28