Workers Compensation Act

This section provides definitions of terms used in the Act (for example: court, employer, worker, medical care, dependents, scheduled disease, total incapacity).

The Act applies to all employment in Uganda, including workers employed by or under the Government of Uganda, but does not apply to active members of the armed forces of Uganda.

Employers must immediately notify the labour officer of work injuries and follow up with a written report; they must notify the labour officer of a worker's death as soon as reasonably practicable. Failure without reasonable cause is an offence punishable by a fine not exceeding ten currency points. The section does not prevent any person from making a compensation claim under the Act.

If a worker has given notice of an accident, the employer must promptly arrange a medical examination by a qualified practitioner at no charge; the worker is entitled to have their own medical practitioner or a trade union official present (at the worker's expense); failing without good cause to attend or to follow clinical instructions may be considered by the court and may justify a deduction from compensation; during temporary total incapacity the employer must pay medical care costs.

Employer and worker may agree to pay compensation with written labour officer approval; agreed compensation must not be less than the Act's amount; employer must show worker understood; court may cancel agreement within three months for specified defects.

If the employer or worker disputes the final medical assessment of disability they may apply to the labour officer to refer the dispute to the medical arbitration board; the application must be made within a reasonable time from receiving the notice of final assessment.

If an employer served with notice does not agree in writing within twenty-one days on the compensation amount, the worker may apply to the local court to enforce the claim; the court determines compensation claims (with a limited exception) and may call expert officers or medical practitioners to give evidence.

The court may, if it thinks fit, submit any question of law to the High Court for its decision.

Appeals to the High Court generally must be brought within thirty days of the court order, but the High Court may extend the time for appealing even if that time has elapsed.

A worker (or a person authorised to act for the worker) may bring proceedings and recover damages for an injury caused by an accident that creates legal liability; the court may determine entitlement to compensation, assess it, and may deduct extra costs incurred by independent proceedings.

Employers must insure and keep insured against liabilities to their workers; specified insurers are listed by the Minister of Finance; employers must not make false statements to obtain insurance; employers must provide insurance information when requested by the labour commissioner; contravention is an offence with escalating fines and possible imprisonment.

The Minister may, by regulations, make provision for declaring void certain insurance policy terms and for paying benefits under such policies in specified circumstances.

If an employer who has insured liability becomes bankrupt or is wound up, the employer's rights against the insurer transfer to the worker; the insurer has the same rights and liabilities as the employer (but not greater liability); and the worker may claim any shortfall in bankruptcy or from a receiver.

Any contract or agreement that makes a worker give up their right to compensation for a work-related injury is null and void to the extent it removes or reduces anyone’s liability to pay compensation under this Act.

Persons who award a contract or subcontract are liable to pay compensation to workers employed under that contract; persons contracting or subcontracting out work must notify the employer of claims; a person who pays compensation may be indemnified by the employer; workers may claim directly against the employer.

Compensation payable under this Act cannot be assigned, charged, attached, passed to another person by operation of law, or subject to set-off by any claim.

If a personal injury by accident arises out of and in the course of a worker's employment, the employer must pay compensation under this Act; the employer is not liable for injuries that do not result in permanent incapacity or do not incapacitate the worker for at least three consecutive days.

If a worker dies and leaves dependents, compensation is a sum equal to sixty times the worker's monthly earnings (subject to a maximum the Minister may vary); if the worker leaves no dependents the employer must pay medical and burial expenses; dependents may recover those expenses from a liable employer.

If permanent total incapacity results from an injury, the injured worker is entitled to compensation equal to sixty months' earnings; if the injury likely requires permanent constant personal assistance, that compensation is increased by one-quarter.

Where permanent partial incapacity results from an injury, compensation is calculated as a percentage of sixty times the worker's monthly earnings; multiple injuries from the same accident are aggregated but the total cannot exceed the amount payable for permanent total incapacity. The Minister, on the recommendation of the labour advisory board, may increase the compensation by statutory instrument.

When an injury causes temporary incapacity, compensation may be a lump sum or periodic payments as the court may order; hospitalisation or certified absence counts as temporary total incapacity, subsequent periods before final assessment count as temporary partial incapacity, and periodical payments normally must not exceed ninety-six months unless a medical practitioner certifies a longer period.

Monthly earnings are computed to reflect the worker’s remuneration during the twelve months immediately preceding the accident (annual earnings are twelve times that monthly sum); if that is not possible because of short employment or other good cause, average monthly earnings of a person of similar capacity in similar employment may be used; a dependent’s legal representative has no right to receive compensation if the dependent dies before payment; payments made by an employer pending claim settlement are deducted from compensation except medical expenses under section 24.

A worker must give notice of an accident to the employer as soon as reasonably practicable and within specified time limits, unless the employer was already aware or there is a reasonable cause.

When an accident gives a worker a right to compensation, the employer must pay reasonable medical, transport and incidental costs incurred by the worker.

Disputes about whether medical aid is necessary or sufficient under this Part must be decided by the court.

Specifies procedures for payment of compensation: employers must pay compensation to the district labour officer; the district labour officer must pay entitled persons within two weeks of receipt or as soon as practicable; the district labour officer may serve notices on behalf of workers; if unable to pay, the officer must pay into the Consolidated Fund but that does not prevent later claims which must be certified and may lead to reimbursement.

If a medical practitioner certifies that a worker has a scheduled disease caused by the nature of employment (contracted within 24 months unless it manifests after several years), the worker or their dependents are entitled to claim and receive compensation; the worker (or someone acting for them) must give a copy of the certificate to the employer and the district labour officer.

If a medical practitioner issues the certificate under section 27, the employer of the worker must immediately make and submit a written report containing the certificate's particulars to the area's labour officer.

Employers who last employed a worker within the specified 24‑month period must pay compensation unless they prove the disease was not contracted during that employment; workers or dependents must provide employer-requested information on other employers; other employers may be joined and may be liable to contribute for gradual diseases; the Minister may order medical examinations by statutory instrument; where liability cannot be allocated each employer must contribute as the labour commissioner deems appropriate.

For scheduled diseases, the "date of the occurrence of the accident" is defined as the certificate date for disablement and as the worker's date of death for death; compensation calculations must refer to the worker's earnings at the date of the certificate (with alternative rules where not employed then or where computation is impracticable).

If a worker who becomes disabled by or dies of any disease mentioned in the Third Schedule to this Act was, within the period of twenty-four months immediately preceding the disablement or death, employed in any occupation mentioned in Column II of that Schedule in relation to that disease, it shall be presumed, until the contrary is proved, that the disease was due to the nature of that employment.

The Minister may, after consulting the labour advisory board, amend the Third Schedule by inserting or deleting any disease; before making such regulations the Minister must publish a Gazette notice inviting written objections to the labour commissioner and must consider those objections and not issue the regulation until at least one month after the notice.

The Minister may make regulations (including by statutory instrument) to implement the Act; regulations may prescribe fines and imprisonment limits (including higher penalties for repeat offences); and the labour advisory board must review certain financial limits at least once a year and report to the Minister.

If a body commits an offence, then for a company every director or officer of the company commits the offence, and for a firm or partnership every partner commits the offence; however, a person does not commit the offence if they prove the act or omission occurred without their knowledge or consent.

The Chief Justice may make rules of court, including regulating proceedings and fees.

Employers must pay compensation for workers or dependents resident and domiciled outside Kenya, Uganda or Tanzania to the labour officer; the labour commissioner must arrange transmission; if the proper recipient cannot be identified the labour officer must pay into the Consolidated Fund via the Administrator General.

The Minister may amend the First Schedule by statutory instrument with the approval of the Cabinet.