Workmen’S Compensation Act · 1984 Revised Edition · Part II · Workman'S Compensation for Injury
Section 10
In plain English
Not legal advice
An employer may pay up to $500 directly to a workman or dependant while a claim is pending, and the commissioner may deduct it from compensation. Compensation for a death or permanent incapacity must usually be deposited with the commissioner, unless the commissioner allows otherwise in writing. The commissioner divides death compensation among dependants as the commissioner thinks fit.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
Nothing in this section shall prevent an employer from making any payment not exceeding $500 direct to a workman or dependant on account of a claim which is pend-ing settlement or determination, and the Commissioner may order that the whole or any part of such payment shall be 19
employer
"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, 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;
Distribution of compensa-tion
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Workmen's Compensation deducted from the amount of compensation payable to the workman or dependant under the provisions of this Act.
Unless expressly authorised by the Commission-er in writing, no payment of compensation in respect of a workman whose injury has resulted in death, permanent total incapacity or permanent partial incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the workman or his dependants shall be deemed not to be payment of com-pensation for the purposes of this Act.
total incapacity
"total incapacity" means such incapacity whether of a temporary or permanent nature as incapaci-tates a workman for all work which he was capable of undertaking at the time of the accident resulting in such inca·pacity: Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Sche-dule to this Act where the percentage or aggregate percentage of the loss of earning capacity as spe-cified in that Schedule against such injury or in-juries amounts to or exceeds 100 per centum; and
Provided that this subsection shall not apply to compensa-tion payable to a workman who is 18 years of age and above in respect of injury resulting in permanent partial incapac-ity:
Any other money which is payable as compensa-tion may, and where the person to whom it is payable so requests shall, be deposited with the Commissioner.
( 4) The receipt of the Commissioner shall be a suf-ficient discharge for any compensation deposited with him.
Subject to the provisions of section 38 of this
Act, the Commissioner shall make such enquiry as he may deem necessary to determine the number of dependants of a deceased workman and the extent to which they were de-pendent upon him:
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Compensation deposited in respect of an acci-dent resulting in the death of a workman shall, subject to any deduction made under subsection (4), be apportioned among the dependants of the deceased workman or any of them in such proportion as the Commissioner thinks fit, or may, in the discretion of the Commissioner, be allotted to any one dependant.
dependant
"dependant" means any member of the family of a workman who was 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-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife 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 that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!
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Workmen's Compensation
Where any lump sum deposited with the
Commissioner is payable to a woman or to any workman or dependant who is below 18 years of age or is under any legal disability, the Commis-sioner may at his discretion cause such sum to be invested, applied or otherwise dealt with for the benefit of the workman or his dependants until he attains 18 years of age or during his disability, as the case may be, in such manner as the Commis-sioner may determine.
Where a periodical payment is payable to any workman under a legal disability the Commis-sioner may, of his own motion or on application made to him in that behalf, order that the payment be made during the disability to any dependant of the workman or to any other person whom the
Commissioner thinks best fitted to provide for the welfare of the workman.
In all other cases compensation whether or not deposited with the Commissioner shall be paid to the person entitled thereto.
If the Commissioner is satisfied after such inquiry as he may deem necessary that no dependant of a deceased workman exists or can be traced and the circumstances are such that there is no reasonable likelihood that any depen-dant can be traced he shall repay the balance of the money deposited with him under subsection (1) to the person by whom it was deposited.
The Commissioner shall, on application by the employer, furnish a statement showing in detail all disburse-ments made.
Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that, by reason of neglect of children on the part of a parent,
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Compensa-tion not to be assigned, attached or charged
Notice of claim
Workmen's Compensation or of the death or a change in circumstances of any depen-dant, or for any other sufficient cause, an order of the Com-missioner as to the distribution of any sum paid as com-pensation or as to the manner in which any sum payable to any such dependant is to be invested, applied or otherwise dealt with, ought to be varied, the Commissioner may make such orders for the variation of that order as he thinks just in the circumstances of the case:
Provided that no such order prejudicial to any person shall be made unless such person has been given an oppor-tunity of showing cause why the order should not be made, or shall in any case involve the repayment by a dependant of any sum already paid to him.
U. Save as provided by this Act, no lump sum or periodical payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law nor shall any claim be set off against the same.
Terms defined in s 3
dependant
Defined · s 3"dependant" means any member of the family of a workman who was 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-Interpreta- tion 7 Workmen's Compensation (a) being the parent or grandparent of a child born out of wedlock, leaves such child so depen-dent upon his earnings, or (b) being a child born out of wedlock leaves a parent or grandparent so dependent upon his earnmgs, or (c) being divorced leaves a divorced wife so de-pendent upon his earnings shall include such child, parent, grandparent or divorced wife 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 that other person for the provision of the ordinary necessities of life suitable for persons in his class and position: And provided further that where on application being made by a woman the Commissioner is sa-tisfied after due enquiry under section 10 (5) of this Act that - (a) such woman and the deceased were living together as man and wife at the time of the acci-dent; and (b) such woman was wholly or in part depen-dent on the earnings of the deceased at the time of his death or would but for the incapacity due to the accident have been so dependent, the Commissioner may deem such woman to be a dependant for the purposes of this Act. - - - ·- Workmen's Compensatio'!
employer
Defined · s 3"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, 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;
partial incapacity
Defined · s 3"partial incapacity" means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employ-ment in which he was engaged at the time of the accident resulting in his incapacity and where the incapacity is of a permanent nature, such incapac-ity as reduces his earning capacity in every employ-ment which he was able to undertake at the time of the accident: Provided that every injury specified in the First Schedule to this Act, except such injury or com-bination of injuries in respect of which the percen-tage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100 per centum, shall be deemed to result in permanent partial incapacity;
total incapacity
Defined · s 3"total incapacity" means such incapacity whether of a temporary or permanent nature as incapaci-tates a workman for all work which he was capable of undertaking at the time of the accident resulting in such inca·pacity: Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Sche-dule to this Act where the percentage or aggregate percentage of the loss of earning capacity as spe-cified in that Schedule against such injury or in-juries amounts to or exceeds 100 per centum; and