Workmen’S Compensation Act · 1984 Revised Edition · Part II · Workman'S Compensation for Injury
9. Method of calculating earnings
Official textFrom Attorney General's Chambers, unchanged
For the purposes of this Act the earnings of a workman shall be computed in such manner as is best calcu-lated to give his true monthly earnings at the date of the accident, subject to the folJowing provisions-
earnings
"earnings" means any remuneration paid in cash to a workman by his employer in consideration of work done in respect of his contract of employ-ment and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel or quarters supplied to the work-man by the employer if as a result of the accident the workman or any of his dependant& is deprived of such food, fuel or quarters; and includes any overtime payments or other special remuneration for work done, whether by way of bonus, allo-wance or otherwise, if of constant character or for work habitually performed and including tips if the employment be of such nature that the habitual giving and receiving thereof is open and notorious and is recognised by the employer; but shall not include- (a) casual payments of a non-recurrent nature; (b) a travelling allowance or the value of any travelling concession; (c) a contribution paid by the employer towards any pension or provident fund; Workmen's Compensation (d) a sum or concession received by the work- - man in consideration of any special expenses incur-red by him by reason of the nature of his employ-ment;
where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of not less than 6 months immediately preceding the acci-dent in the grade in which he was employed at the time of the accident, his monthly earnings shall be deemed to be the average amount of his earnings during the last 6 completed months of that period:
Where the workman has been exclusively employed by the employer who is liable to pay compensation in the grade in which he was em-ployed at the .time of the accident during a con-tinuous period of less than 6 months immediately preceding the accident and there is another work-man who has been exclusively employed on similar work by the same employer for a continuous period of not less than 6 months immediately pre-ceding the accident, the monthly earnings of the former workman shall be deemed to be the aver-age amount of the earnings of the latter workman during the last 6 completed months of that period;
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Workmen's Compensation
where reliable evidence of the earnings of the relevant workman under paragraph (a) or (b)
does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of workmen employed on similar work in the same locality at or about the date of the accident;
where the earnings_ of a workman cannot be determined according to the provisions of para-graph (a), (b) or (c) of this subsection or where the earnings of workman so determined are less than
$150 a month then in any such case the monthly earnings of such workman shall be deemed to be
$150.
Where a workman is employed under concurrent contracts of employment 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 earn-ings 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.
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;
For the purposes of this section a period of em-ployment shall be deemed to be continuous which has not been interrupted by a period of absence from work exceed-ing 14 days.
The provisions of subsections (1) and (2) shall
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apply to the calculation of monthly earnings for the pur-poses of the definition of "workman" in section 2.
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Terms defined in s 3
earnings
Defined · s 3"earnings" means any remuneration paid in cash to a workman by his employer in consideration of work done in respect of his contract of employ-ment and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel or quarters supplied to the work-man by the employer if as a result of the accident the workman or any of his dependant& is deprived of such food, fuel or quarters; and includes any overtime payments or other special remuneration for work done, whether by way of bonus, allo-wance or otherwise, if of constant character or for work habitually performed and including tips if the employment be of such nature that the habitual giving and receiving thereof is open and notorious and is recognised by the employer; but shall not include- (a) casual payments of a non-recurrent nature; (b) a travelling allowance or the value of any travelling concession; (c) a contribution paid by the employer towards any pension or provident fund; Workmen's Compensation (d) a sum or concession received by the work- - man in consideration of any special expenses incur-red by him by reason of the nature of his employ-ment;
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;