FOR many Ugandans an offer for a job, in whatever form and condition is sufficient, especially after spending years searching for employment. It is, therefore, not surprising that important issues such as workers’ compensation are left out in the terms of employment.
By Lydia K. Mutesi
FOR many Ugandans an offer for a job, in whatever form and condition is sufficient, especially after spending years searching for employment. It is, therefore, not surprising that important issues such as workers’ compensation are left out in the terms of employment.
Workers’ compensation is a mechanism of paying workers for damages or injuries incurred in the course of employment. Although many might think that this is only necessary for high-risk jobs such as in mines, industries or medical personnel, this is far from the truth. The likelihood of getting injured in the course of one’s employment is real, even to full-time desk officers. Take, for instance, the people killed or injured in road accidents as they run office errands.
The Workers’ Compensation Act, Cap 225 provides benefits to employees or their dependants for work-related injuries or deaths. It applies to both workers in the private and public sector. However, this does not cover active members of the armed forces.
For one to be compensated, the injury must either cause permanent incapacity or make the worker unable to earn full wages for at least three consecutive days.
The employer is obliged to pay compensation irrespective of the cause of accident. It does not matter whether the incapacity or death was due to recklessness of the worker.
Where injury occurs, an employee is entitled to recover medical expenses and lost wages resulting from the disability, be it temporary or permanent. The law allows for compensation to dependants or personal representatives where the worker is dead.
It is not uncommon for employers to act philanthropic when a worker dies in the course of employment. They usually ‘donate’ money to meet funeral expenses or send condolences to the bereaved family. This, however, is their statutory obligation. Thus if a worker dies, the law states that the amount of compensation shall be equal to 60 times his or her monthly earnings.
The Act requires every employer to have an insurance policy in respect of any liability that he or she may incur to any worker employed by him or her.
Unfortunately, this law is largely ignored. Workers’ compensation insurance is vital for any growth-oriented company as it provides a good working environment and also acts as an incentive to employees. It also shields employers from law suits when employees are not compensated after getting injuries.
The Ministry of Labour should ensure that employers respect the provisions of the Workers’ Compensation Act. It should see to it that all employers obtain workers’ compensation insurance. One way of doing this is requiring employers to show that they have obtained the workers’ compensation insurance when submitting returns. Implementation of this can also be done in conjunction with the Uganda Insurance Commission.
Of course, the necessary financial and logistical support is required if the ministry is to take an active role.