This Act was repealed on 2000-12-01 by Workers' Compensation Act, 1999.
Workers' Compensation Act, 1963
- Commenced on 1 April 1964
- [This is the version of this document at 31 December 1996.]
- [Repealed by Workers' Compensation Act, 1999 on 1 December 2000]
Part I – Preliminary
1. Short titleThis Act may be cited as the Workers' Compensation Act.
2. InterpretationIn this Act, unless the context otherwise requires—"accident" means an accident resulting in injury to a worker or in damage to, or destruction of, any artificial aid used by a worker in the course of his or her employment;"assessment" means an assessment or a provisional assessment made under the provisions of Part XI, and any instalment thereof;"Board" means the Workers' Compensation Fund Control Board established under the provisions of section twelve;"boarding-house" means any premises in which board and lodging are provided for gain for three or more persons who are not members of the family of the person who provides the board and lodging;"business" means any industry, undertaking, trade, occupation or other activity in which any worker is employed;"child" means an unmarried son or daughter under the age of eighteen years, and includes an illegitimate child, a posthumous child, a step-child, an adopted child if the Commissioner is satisfied that such child was adopted prior to the accident concerned, the illegitimate child of the wife of a worker, the child of any woman with whom the worker was, in the opinion of the Commissioner, living as man and wife at the time of such accident if such child was wholly supported by the worker and a child in respect of whom a worker had assumed, under the law and custom of the community of which he is a member, responsibility for support and who was supported by the worker at the time of such accident;"children's allowance" means the monthly allowance payable in respect of a child or children of a disabled or deceased worker under the provisions of Part VI;"Commissioner" means the Workers' Compensation Commissioner appointed under the provisions of section thirteen;"Commonwealth" means—(a)the self-governing members of the Commonwealth of Nations;(b)all British Colonies;(c)all states and territories under the protection of Her Britannic Majesty through Her Government in the United Kingdom; and(d)obsolete;"compensation" means compensation under this Act, and includes medical aid and any benefit of any nature to which a worker or his dependants may be entitled under this Act;"date of commencement" means the 1st April, 1964;"disablement", in relation to a worker, means disablement which results in the loss or diminution of wage-earning capacity or in the reduction of the chances of obtaining employment;"earnings" means the average remuneration of a worker at the time of an accident calculated in the manner provided in section sixty-seven;"employer" means a person regarded as, or deemed to be, an employer by section five, and includes a principal and the lawful representatives, successors or assigns of such person or principal;"employer individually liable" means an employer to whom exemption has been granted under the provisions of section one hundred and five, and includes the State;"financial year" means the period between the 1st April in any year and the 31st March next following, both dates included;"Fund" means the Workers' Compensation Fund established under Part X;"injury" means a personal injury, and includes the contraction of a disease;"legal practitioner" has the meaning assigned to it by the Legal Practitioners Act;[Cap. 30]"medical aid" means any or all of the benefits prescribed in paragraphs (a) to (e) inclusive of sub-section (1) of section eighty-seven;"medical practitioner" means a person registered as a medical practitioner under the provisions of the Medical and Allied Professions Act and, in relation to any medical examination of, or report upon, any worker who is for the time being in any country outside Zambia, a person entitled to practise medicine in such country who has been approved for the purpose concerned by the Commissioner;[Cap. 297]"partial disablement", in relation to a worker means the inability of such worker, as the result of an accident in respect of which compensation is payable, to perform the whole of the work at which he was employed at the time of such accident or to obtain other suitable work at the same rate of earnings as he was receiving at the time of such accident;"pension" means the monthly payments of compensation referred to in Part VI, but does not include children's allowances or periodical payments;"periodical payment" means a periodical payment of compensation under the provisions of sections fifty-six and fifty-seven;"person under disability" means a minor, and a mentally disordered or defective person;"pneumoconiosis" means any form of pneumoconiosis due to the inhalation of dust;"prescribed" means prescribed by or under the authority of this Act;"principal" means a person referred to as a principal in section ten;"private domestic servant" means a person who is employed in domestic service in a private household which is not also a boarding-house;"regulation" means a regulation made and in force under this Act;"representative" means the executor or other person lawfully appointed to take charge of the estate of a deceased worker, and, if there is no such person so appointed, means any person specially appointed by the Commissioner under this Act to make an application on behalf of the deceased worker's dependants for compensation, and in other respects to act as the representative of such worker for the purposes of this Act;"scheduled disease" means any disease specified in the Second Schedule;"serious and wilful misconduct" means—(a)drunkeness; or(b)a contravention of any law made for the purpose of ensuring the safety or health of workers or of preventing accidents to workers, if the contravention was committed deliberately or with a reckless disregard of the provisions of such law; or(c)any other act or omission which the Commissioner or any court on appeal may, having regard to all the circumstances of an accident, declare to be serious and wilful misconduct;"technical assessor" means a person appointed under the provisions of section twenty-six;"total disablement", in relation to a worker, means the inability of such worker, as a result of an accident in respect of which compensation is payable, to perform the work for which he was employed at the time of such accident or other suitable work;"Tribunal" means the Workers' Compensation Appeal Tribunal established under the provisions of section twenty-seven;"widow", in any case where a worker dies leaving no lawful widow or widower, includes any man or woman with whom such worker was, in the opinion of the Commissioner, living as man and wife at any relevant date.[As amended by S.I. No. 156 of 1965; No. 4 of 1966; No. 37 of 1969; No. 19 of 1976]
3. Meaning of "worker"
4. Meaning of "dependant"
5. Meaning of "employer"
Part II – Application of Act
6. General applicationThis Act shall apply in respect of accidents happening and scheduled diseases contracted on or after the date of commencement.
7. Application of section 17The provisions of section seventeen shall apply in respect of any accident happening and any scheduled disease contracted on or after the 1st April, 1945, and before the date of commencement, if the obligations of an insurer in respect of the accident or contracting of the disease have been transferred to the Board under the provisions of sub-section (2) of section ninety-nine.
8. Civil liability of employer
9. Concurrent remedies
10. Principals and contractors
11. Workers employed outside Zambia, etc.
Part III – Administration
12. Establishment and powers, of Worker's Compensation Fund Control Board
13. Appointment of officers
14. Functions of CommissionerSubject to the provisions of this Act, the Commissioner shall—
15. Inspection and investigation
17. Revision of compensation by Commissioner
18. Powers of Commissioner in respect of witnesses, etc.
20. Objection on behalf of dependants
21. Formal inquiry by CommissionerAn objection lodged under the provisions of section nineteen shall be considered and determined by the Commissioner in a formal inquiry in such manner as may be prescribed, and the Commissioner shall confirm any decision in respect of which the objection was lodged or give such other decision as in his opinion is equitable.
22. Appeal from decisionAny person affected by a decision referred to in section twenty-one may appeal to the Tribunal within twenty-one days of such decision or within such further period as the Tribunal may on good cause shown allow.
23. Suspension of obligationExcept where the Commissioner otherwise orders, no obligation to pay any assessment, compensation or other amount to the Commissioner or the Fund, or any periodical payments to or in respect of a worker by reason of a decision of the Commissioner shall be suspended or deferred by reason of the fact that an objection has been lodged against such decision under sub-section (2) of section nineteen, or that an appeal has been lodged under section twenty-two, but if, as a result of any such objection or review, the amount payable by reason of the original decision is varied the person who made the payment shall be entitled to a refund or be liable to pay the additional amount, as the case may be.
24. Commissioner may state a case for High Court
25. Commissioner may submit Tribunal's decision to High CourtWhenever the Commissioner has any doubt as to the correctness of any decision given by the Tribunal on any question of law in connection with this Act, he may submit that decision to the High Court and cause the matter to be argued before it, in order that it may determine the said question for the future guidance of all courts.
26. Technical assessors
Part IV – Workers' Compensation Appeal Tribunal
27. Establishment of Worker's Compensation Appeal Tribunal
28. Functions of TribunalThe functions of the Tribunal shall be—
29. Decisions of TribunalAll questions or matters requiring to be decided by the Tribunal shall be decided by a majority:Provided that any matter of law arising for decision at any sitting of the Tribunal, and any question arising at any such sitting as to whether a matter for decision is a matter of fact or a matter of law, shall be decided by the Chairman, and no other member of the Tribunal shall have a voice in the decision of any such matter.
30. Procedure in Tribunal
31. Representation of parties
32. Powers of TribunalThe Tribunal may—
33. Summoning, etc., of witnesses
34. Witness failing to attend, etc.
35. False evidenceAny person who knowingly gives false testimony touching any matter which is material to any question then pending in any proceedings before the Tribunal or intended to be raised in such proceedings shall be guilty of an offence and liable to imprisonment for a period not exceeding seven years. It shall be immaterial whether such testimony is given on oath or under any other sanction authorised by law.
36. Contempt of TribunalIf any person wilfully insults the Tribunal or any member thereof during any sitting of the Tribunal or wilfully interrupts the proceedings of the Tribunal, or otherwise wilfully disturbs the peace or order of such proceedings, the Chairman of the Tribunal may order that person to be removed and detained in custody until the rising of the Tribunal, and every such person shall be liable, in addition to such removal and detention, to be fined summarily by the Chairman of the Tribunal such amount, not exceeding one penalty unit, as the Chairman may determine.[As amended by Act No. 13 of 1994]
37. Witnesses' expensesA person summoned under the provisions of section thirty-three may, on the order of the Tribunal, be paid out of the Fund such allowances as may be prescribed.
39. Effect of decisions of TribunalAny decisions of the Tribunal shall, subject to the provisions of section forty, be final.
40. Appeal to High Court
Part V – Right to compensation
41. Right to compensation
42. Accident during first aid training or rescue workWhen a worker meets with an accident—
43. Compensation not affected by other pension, etc.
44. Successive awards of compensation
45. Contracting out prohibited
46. Deductions from earnings prohibited
47. Death or disablement attributable to effects of medical treatmentWhere a worker has received medical treatment in consequence of any accident arising out of and in the course of his employment and such treatment, whether through negligence or otherwise, results, through no wilful default on the part of the worker, in the death or disablement, or increased or continued disablement, of the worker, such death or disablement or increased or continued disablement, as the case may be, shall for the purposes of this Act, be deemed to have resulted from the accident, and the compensation payable under this Act shall be assessed accordingly:Provided that—
48. Circumstances precluding award of compensationWhere under this Act there exists any right to compensation in respect of the death or disablement of any worker as a result of an accident, the Commissioner may in his discretion refuse to award the whole or a portion of such compensation and the Commissioner, or, if authorised thereto by the Commissioner, the employer individually liable, may further refuse to pay the whole or any portion of the cost of medical aid—
49. Cessation and revival of periodical paymentsSubject to the provisions of section fifty-six, the right to periodical payments shall cease and the worker shall be entitled to compensation for any permanent disablement he may suffer—
50. Suspension of right to periodical paymentsIf a worker—
51. No abatement of compensation if worker insuredSave as is provided under this Act, there shall be no abatement of the amount of compensation which the Commissioner or the employer individually liable has to pay under this Act by reason of the fact that, in consequence of the accident causing disablement or death, money has become due to the worker or his dependants under an accident or life insurance policy effected by himself or by any other person.
52. Contract of service not to be terminated during disablementAn employer shall not, without the consent of the Commissioner, terminate his contract of service with a workman who has suffered disablement in circumstances which entitle him to compensation under the provisions of this Act until either—
53. Wages for work doneNotwithstanding any term, express or implied, in the contract under which a worker is employed that the worker is required to do an entire work for an entire sum, the worker shall, if he is disabled by an accident arising out of and in the course of his employment, be entitled to payment from his employer of such part of the entire sum as bears the same proportion to the entire sum as the work done up to the time of the disablement bears to the entire work.
54. Periodical payments in lieu of earningsWhere an employer, during the time a worker employed by him is disabled by accident arising out of and in the course of his employment, pays to the worker his full earnings, the worker shall not be entitled to any periodical payments and the employer shall be entitled to be reimbursed from the Fund to the extent of the periodical payments to which the worker would otherwise have been entitled:Provided that an employer shall not be entitled to be reimbursed as aforesaid if he is—
Part VI – Liability for compensation and amount and payment of compensation
55. Liability to pay compensationCompensation shall be paid by either—
56. Amount of compensation for total disablement
57. Amount of compensation for partial disablement
58. Limit of time for periodical paymentsIf as a result of an accident a worker has received periodical payments for total disablement or partial disablement or total and partial disablement for a period of eighteen months from the date of the commencement of the disablement, then at the end of such period such worker shall no longer be entitled to periodical payments for total or partial disablement and shall be deemed to have suffered permanent disablement unless the contrary is proved, in which case the Commissioner may, in his discretion, direct the continuance of periodical payments during the continuance of any such disablement for a period not exceeding six months.
59. Amount of compensation for permanent disablement
60. Further medical aid while receiving pensionNotwithstanding anything in this Act contained, if a worker who is in receipt of a pension, after a period of eighteen months from the commencement of the disablement had expired, undergoes further medical, surgical or remedial treatment necessitating further absence from work and which, in the opinion of the Commissioner, will reduce the disablement from which the worker suffers, the Commissioner may suspend the entitlement to the pension and any children's allowances for such period as he considers equitable and in lieu thereof the worker shall be entitled to payments calculated in the same manner as periodical payments.
61. Amount of compensation for death of worker
62. Compensation where worker in receipt of pension dies
63. Diminution of children's allowancesIf owing to age, marriage or death any child ceases to fall within the definition of the term "child", the allowance for children prescribed in this Part shall, subject to the provisions of section sixty-four, be diminished or cease accordingly.
64. Child over seventeen may continue to receive allowancesIf, in the opinion of the Commissioner, any son or daughter of a deceased workman or a pensioner who does not fall within the definition of the term "child" is unable by reason of mental or physical disability to earn an income, or is attending a full-time educational course, he shall, upon the application of any interested person, declare that such son or daughter shall be deemed to be a child for the purpose of determining the allowances for children under the provisions of this Part for so long as it might reasonably have been expected that the worker would have continued to contribute towards his or her support.[As amended by No. 19 of 1976]
65. Pensioner absent from or resident out of Commonwealth
66. Pension to cease on remarriage and gratuity to be payable on the remarriage of a widow
66A. Commissioner to be informed of death of pensioner, etc.
67. Method of calculating earnings
68. Calculation of earnings of permanently disabled worker under twenty-oneWhere a worker who has suffered permanent disablement was, at the date of the accident concerned, under twenty-one years of age or was employed under a contract of apprenticeship or learnership, the amount of his compensation for such permanent disablement shall be based on the earnings which, had he not met with the accident, he would, in the opinion of the Commissioner, probably have been receiving at the end of three years after the accident, or as a journeyman or operator upon completion of his apprenticeship or learnership, whichever calculation is more favorable to the worker.
69. Payment of lump sum in lieu of pension
70. Worker requiring constant attendance
71. Control of payment of compensation
72. Where employer is liable to pay pensionWhere a pension or children's allowances are payable by an employer individually liable, the payments shall be made—
73. Advances against compensationIn anticipation of the award of compensation, the Commissioner may, where, in his opinion, the interest or pressing need of the worker or of a dependant warrants it, make an advance not exceeding twenty thousand kwacha to or on behalf of the worker or a dependant on such conditions as the Commissioner may determine:Provided that any moneys so advanced shall be recovered, in such instalments and in such manner as the Commissioner may decide, from any amounts awarded as compensation to the worker or his dependants.[As amended by Act No. 27 of 1994]
73A. Review of pensions or allowancesWith the consent of the Minister, the Board may, not more than once in each calendar year, review any amount payable under this Part as pension or children's allowance and may increase such amount so as to compensate fully or partly for the increase in the cost of living according to the official cost of living index of the Republic.[As amended by Act No. 19 of 1976]
Part VII – Procedure for obtaining compensation
74. Notice of accident to be given
75. Employer to give notice of accident to Commissioner
76. Additional information to be supplied
76A. Entry of judgment in favour of Commissioner
77. Worker to furnish medical certificates
78. Commissioner may require medical reportsThe Commissioner may at any time require any worker who has suffered any injury to obtain and furnish to the Commissioner such medical reports concerning the condition of, and the extent of the injury to, such worker, and any other matter as may be necessary to enable the Commissioner to carry out his functions in respect of such worker, and any fee payable for any such report shall be payable out of the Fund.
79. Commissioner may call for evidence of deathIn the case of the death of a worker as a result of an accident or where any person who is in receipt of compensation dies, the Commissioner may call for such evidence of the death of such worker or person as he may require for the purposes of this Act.
80. Worker claiming compensation to submit to medical examination
81. Procedure upon information of accidentWhenever it comes to the notice of the Commissioner that an accident has happened to a worker which might result in a claim under this Act, the Commissioner shall—
82. Procedure on presentation of claim
83. Provisional settlement of claim by employer individually liableNotwithstanding anything contained in this Act, the Commissioner may authorise an employer individually liable, subject to such conditions as the Commissioner may determine, to make provisional settlements of claims for compensation with a worker:Provided that such employer shall report such provisional settlements to the Commissioner with such particulars and at such intervals as the Commissioner may determine, and the Commissioner shall either confirm any such provisional settlement or proceed to determine such claim in the manner provided in this Part as if such provisional settlement had not been made.
84. Commissioner may require employer to make periodical payments
Part VIII – Medical aid
85. First aid
86. Conveyance of injured worker
87. Medical aid expenses
88. Decisions of Commissioner in regard to medical aidAll disputes as to liability for or the necessity for or the character or sufficiency of any medical aid provided or to be provided under this Part shall be determined by the Commissioner.
89. Power to prescribe fees for medical aidThe fees and charges for medical aid to workers shall be in accordance with such scale as the Minister may prescribe after consultation with such associations or bodies representing medical practitioners or dentists entitled to practise in Zambia as the Minister may think fit, and no claim for an amount in excess of a fee in accordance with that scale shall lie against any worker, the Commissioner or an employer individually liable in respect of any such medical aid.[As amended by No. 37 of 1969]
90. ***[Repealed by No. 19 of 1976]
Part IX – Diseases
91. Compensation in respect of diseases
92. Fixing date of accidentWhere any of the provisions of this Act relating to an accident are applied to disablement or death of a worker caused by a scheduled disease, an accident shall be deemed to have happened—
93. Presumption as to cause of diseaseIf a worker who becomes disabled by or dies of any scheduled disease was, within the period of twenty-four months immediately preceding the disablement or death, employed in any occupation mentioned in the Second Schedule opposite such disease, it shall be presumed, unless or until the contrary is proved, that the disease was due to the nature of such employment.
94. Minister may amend Second ScheduleThe Minister may, by regulation—
95. Special provisions in respect of pneumoconiosis
96. Liability to pay compensationIn the case of an employer individually liable, compensation in respect of a scheduled disease shall be paid by the employer who last employed the worker in the occupation to the nature of which the disease is due:Provided that, if the Commissioner is satisfied that the worker contracted the disease while in the employment of any previous employer or that the disease was partly attributable to such employment, he may, after due notice to that employer, direct that the compensation, or such part thereof as he deems equitable, shall be paid by such employer if he is individually liable, or out of the Fund, as the case may be.
Part X – Compensation fund
97. Establishment of Fund
98. Application of Fund
99. Provisions relating to the liability of insurers and certain employers
100. Payment of compensation by Commissioner in respect of accidents arising under repealed Act
101. Powers of BoardThe Board may—
102. Holding of assets of Fund
103. Accounts and audit
Part XI – Assessment
104. Liability to assessmentEvery employer, other than—
106. Employers to submit information
107. Assessments on employers
108. Assessment variations
109. Assessment of employers of private domestic servants whose aggregate earnings do not exceed K60,000 per annum
110. Contributions by employers individually liable
Part XII – Miscellaneous
111. Employers to supply particulars of business
112. Employers to keep records
113. Threats and compulsionAny person who by threat or in any other manner whatever compels or attempts to compel any worker to do or omit to do any act, the doing or omission of which deprives or is intended to deprive him or his dependants of any right to compensation, shall be guilty of an offence and liable to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.[As amended by Act No. 27 of 1994 and Act No. 13 of 1994]
114. False statementsAny person who, in a claim for compensation under this Act, or in any notice, report or statement required to be given, made or furnished under the provisions of this Act, knowingly makes or causes to be made a statement which is false in a material particular shall be guilty of an offence.
115. Failure to pay assessments, etc.
116. Compensation not to form part of deceased worker's estate
117. Recovery of benefits paid in errorIf any benefits have been paid which were not due under the provisions of this Act, the Commissioner may recover the amount of such benefits by civil action, or by deduction from any benefits to which the worker or any dependant has or may become entitled under this Act.
118. Priority of payments
119. Compensation not to be assigned, etc.Compensation shall not—
120. Stamp dutyNotwithstanding anything to the contrary in any law in force relating to stamp duty, any affidavit, certificate, receipt or other document required or issued under any provision of this Act shall be exempt from stamp duty.
121. Insurance companies to furnish particulars of employers
123. Reciprocal arrangementsThe President may, by statutory instrument, make rules for the purpose of giving effect to any convention with a foreign state or with the government of any member of the Commonwealth providing for reciprocity in matters relating to compensation to workers for accidents causing disablement or death, and, without prejudice to the generality of such power, such rules may contain provision—
124. Summary of procedure for recovery of compensation to be displayed by employer
125. RegulationsThe Minister may, by statutory instrument, make regulations as to all or any of the following matters:
126. PenaltyAny person guilty of an offence under this Act in respect of which no special penalty is provided shall be liable upon conviction to a fine not exceeding one thousand penalty units or to imprisonment for a period not exceeding three months, or to both.[As amended by No. 27 of 1994 and Act No. 13 of 1994]
127. Repeal and saving
128. Arrangement with Zambia National Provident Fund BoardNotwithstanding anything contained in this Act, the Board may, with the approval of the Minister, enter into arrangement with the Zambia National Provident Fund Board established under section five of the Zambia National Provident Fund Act, under which any or all the functions of the Commissioner or the Board in relation to receipt and disbursement of assessment, and pension or other benefit under this Act may be carried out by the Director of the Zambia National Provident Fund Board as the agent of the Board or the Commissioner, as the case may be.[Cap. 273][As amended by Act No. 19 of 1973]
History of this document
01 December 2000
Repealed by Workers' Compensation Act, 1999
01 April 1964