Workers' Compensation Act, 1999

This section gives the Act its short title and lets the Minister set its commencement date by statutory instrument.

This section defines who counts as a “worker” and lists people who are excluded from that definition.

This section defines who counts as a “dependant” and says that, where a worker leaves two or more spouses, those spouses are entitled to share the compensation payable for a single spouse of the deceased worker.

This section defines who counts as an employer for the Act in several situations.

An employer’s civil liability is not limited by this Act for a worker’s injury or disease caused by negligence, breach of statutory duty, or other wrongful act or omission.

A worker may seek compensation and also sue a liable third party for damages, but must notify the Commissioner or exempted employer before starting proceedings and again if the claim is abandoned, settled, or relinquished.

If a principal hires a contractor for work in the course of business, the worker is treated as the principal’s worker unless the contractor has been assessed and paid all amounts due for the year. The principal must ensure required assessments are paid and may have to pay them personally, with reimbursement rights against the contractor.

Workers may be entitled to compensation for work accidents or disease across Zambia and outside Zambia, with special rules for when coverage continues, stops, or requires an election between this Act and another country's law.

This section creates the Workers’ Compensation Fund Control Board, sets out its membership, and gives it duties and powers over the Fund.

The Board decides the device for its seal, and the seal may be used on an instrument only if the Board authorizes it by resolution.

Board members are entitled to remuneration, travelling allowances, and subsistence allowances that the Minister approves.

The Minister appoints the Workers' Compensation Commissioner with the Board’s consultation, the Board may appoint other necessary staff, and the Commissioner has listed powers over claims, investigations, determinations, reporting, and delegation.

The Commissioner may authorise a competent person in writing to investigate and report, and that person may inspect and question people with a warrant and written authority.

People performing powers or duties under the Act must not disclose certain confidential information, except in the listed cases.

The Commissioner may summon people for investigations, require documents, administer oaths, and keep relevant items for further examination; summoned persons who do not comply may commit an offence.

A person aggrieved by the Commissioner’s decision may appeal to the Tribunal within 21 days, or later if the Tribunal allows more time for good cause.

An appeal does not suspend or defer payment obligations unless the Commissioner orders otherwise. If a review changes the amount due, the payer is entitled to a refund or must pay any extra amount.

The Commissioner may appoint a technically skilled assessor to advise in an investigation, but certain conflicted people must not be appointed or sit, and the Fund must pay prescribed assessor fees.

The Board must appoint an actuary, and the actuary’s qualifications must be approved by the Board.

The actuary must value the Fund at least every three years and prepare a report stating the Fund’s state, any surplus or deficiency, and any recommended action.

After receiving the actuary’s report, the Board must implement it with the Minister’s approval and may change assessment rates or require employers to pay sums determined by the actuary. If the Board does not act within six months, the Minister may use the Board’s powers.

This Part applies only to persons employed as miners and their employers.

The Examiner may issue certain certificates under this Part.

Employers must not use miners without the required certificate of fitness, miners must not work in breach of their certificate limits, and examination-related steps must be arranged with the Examiner.

Applications for a prescribed examination must use the Examiner’s form, be completed by the correct person, and include a truthful declaration signed or thumb-printed by the applicant.

Before a new examination, the relevant certificate of fitness must be given to the Examiner, and if a missing certificate is lost or destroyed the Examiner may still continue.

Some miners or former miners with a certificate of fitness may be sent to the Examiner by an employer or apply personally for a periodical examination.

An employer who holds a miner’s certificate of fitness must arrange a periodical examination with the Examiner before the certificate expires.

This section sets when a person can be examined periodically and what the examiner must do after the examination.

Employers must notify the Examiner about certain miners leaving work or going on leave, and must arrange examination if the Examiner requires it.

An examination under section 39 is called a discharge examination.

If a mine doctor suspects tuberculosis or pneumoconiosis in a miner, the doctor must tell the employer, and the employer must arrange an examination by the Examiner.

The Examiner must recall and cancel an incorrect certificate of fitness, may issue the correct certificate if one is required, and must notify everyone told about the incorrect certificate.

Employers and the Examiner must handle miners’ certificates of fitness in specified ways, and an employer who breaches the section commits an offence.

The Examiner may replace a lost or destroyed certificate of fitness if the application is made in person or in writing by the person responsible for the certificate, the certificate was still valid, the Examiner is satisfied about the loss and identity, and the prescribed fee is paid.

After each required examination, the Examiner must issue a report of the findings in the prescribed form.

Medical practitioners who perform a post-mortem must send the deceased’s heart and lungs to the Examiner, with a health report, when tuberculosis or pneumoconiosis is found in the lungs under the stated conditions.

The Examiner may order a post-mortem after a miner’s death, and must do so if a qualifying dependant requests it in writing.

A worker, or the worker’s dependants if the worker dies, is entitled to compensation for an employment-related accident or disease that causes disablement or death, subject to stated exceptions.

An injury from an accident during certain first-aid, ambulance, or rescue work is treated as arising out of and in the course of employment if the worker is injured and becomes disabled or dies.

Compensation under this Act must not be reduced because the worker or dependants received or will receive a pension or gratuity from the employer or from an employer-funded pension, superannuation, or provident fund.

The Commissioner may consider earlier compensation or benefits when awarding or revising compensation, and compensation for a worker may not exceed the amount payable for 100% disablement.

Contracts cannot validly make a worker or dependants give up compensation rights, except for a Commissioner-authorised written agreement in limited cases.

An employer must not withhold worker money or require/allow workers to contribute under this Act; a court may order repayment after conviction.

If a worker’s medical treatment after a work-related accident or disease leads to death or disablement, the law treats that result as caused by the accident or disease for compensation purposes.

The Commissioner may refuse, suspend, revive, or order compensation and periodical payments for a worker, depending on the worker’s conduct and medical condition.

Compensation payable under this Act must not be reduced because the worker or dependants receive money under an accident or life assurance policy, except as provided elsewhere in the Act.

An employer must not end a worker’s contract during disablement without the Commissioner’s consent, unless the worker is medically certified fit to return to the job or permanent-disablement compensation becomes payable.

A worker disabled by an accident or disease arising out of and in the course of employment is entitled to a proportionate payment from the employer, despite any contract term saying otherwise.

If an employer keeps paying full earnings while a worker is disabled, the worker is not entitled to periodical payments and the employer may be reimbursed from the Fund, unless an exception applies.

After 18 months from disablement starts, a worker stops being entitled to periodical payments and is treated as permanently disabled. The Commissioner may continue payments for up to 6 more months if there is proof that no permanent disablement exists.

Permanent disablement compensation is set by the degree of disablement, with a full pension at 50% of assessed earnings, smaller disablement paid proportionally, and minor disablement paid as a lump sum unless regulations say otherwise.

This section sets how compensation is paid when a worker dies from an accident or disease, including pensions for a spouse and children, payments for other dependants, funeral expenses, and when the right starts.

If a qualifying worker dies, the spouse or dependent children may receive monthly pension-related payments.

Children's allowances can be reduced or stop if a child no longer qualifies because of age, marriage, or death, but section 74 allows the Commissioner to keep the child treated as a child in some cases.

A pension-receiving worker who wants to live outside Zambia must get the Commissioner’s written permission, and the Commissioner may cut off, suspend, or reduce the pension if required proof is not provided.

A dependant living outside Zambia when the worker dies must get the Commissioner’s written permission, and the permission must state how long the residence is allowed.

A spouse’s pension stops when they remarry, but a gratuity equal to 24 times the monthly pension must be paid. Child allowances are not affected. Certain spouses and allowance recipients must notify the Commissioner of marriage or other listed events within set deadlines.

This section sets how a worker’s earnings are calculated, including what to include and exclude, and how to convert weekly earnings to monthly earnings.

For permanently disabled workers who were under 21, or serving an apprenticeship or learnership, compensation is calculated using earnings they would have reached later.

The Commissioner may, on the worker’s application, pay a lump sum instead of all or part of a permanent disablement pension in the cases described here.

If a compensable injury or disease leaves a worker needing constant help, the Commissioner may grant an extra allowance or require an exempted employer to pay one.

If an exempted employer must pay a pension or children’s allowance, the payment is to be made by the employer, or by the Commissioner if agreed and funded by the employer.

The Commissioner may advance compensation in some cases, and workers or dependants must give notice and lodge compensation claims within the stated time limits, subject to stated exceptions.

Employers must report certain worker accidents or diseases to the Commissioner within three days, and may use an alternative reporting schedule only if specifically authorised.

Workers and employers must provide additional particulars about accidents or diseases when required, and failing to comply is an offence.

If an employer is convicted under the cited sections, the court must enter judgment for the Board for the Board’s loss, and the Board may recover the ordered sum as a civil debt.

A worker claiming compensation must provide a medical or dental certificate when required, and the employer must pass on any such certificate to the Commissioner.

The Commissioner may require an injured or ill worker to provide medical reports, and the Fund pays any related fee. The Commissioner may also call evidence of death.

The Commissioner may require evidence of a death and may require a compensation claimant to submit to a medical examination.

When the Commissioner learns of a worker accident that might lead to a claim, the Commissioner must investigate and may supply information on request to help the worker or employer comply with the Act.

The Commissioner must determine compensation claims after necessary inquiries, decide disablement where a worker has permanent disablement, and notify the claimant and any concerned exempted employer in writing.

The Commissioner may allow an exempted employer to make provisional compensation settlements, and the employer must report those settlements to the Commissioner.

The Commissioner may require an employer (except an exempted employer) to make periodic compensation payments to a disabled worker, and must refund the employer those payments made under subsection (1).

Employers must provide first-aid appliances and services, and must promptly arrange conveyance for injured workers when needed.

The Commissioner or an exempted employer must pay reasonable and necessary worker medical and related expenses caused by an accident at work, subject to prescribed limits and certain conditions.

The Minister may prescribe a fee scale for medical aid to a worker after consultations, and charges must follow that scale.

The Workers' Compensation Fund is to be established and maintained, funded from listed sources, and managed for the Act’s purposes.

The Commissioner may, with the Board’s approval, pay compensation from the Fund to a worker who became entitled under the repealed Acts when the employer was uninsured and compensation has not been fully recovered.

The Board may borrow money, receive grants or loans from outside Zambia with Minister approval, buy or acquire property for the Act, and pledge Board assets with Minister approval.

Money received for the Fund must be paid into a banking account, and withdrawals can only be made by cheques signed by Board-authorised persons.

The section requires the Commissioners and Board to keep accounts, appoint auditors, and report to the Minister, and it requires liable employers to file statements and comply with assessment rules.

The Commissioner must assess employers, notify them of the assessment and payment date, and employers may challenge published rates within 30 days.

The Board may give an employer a bonus or special rebate, or charge a higher assessment rate, depending on the employer’s claims and accident or disease experience.

Employers who hire one or more domestic workers are covered by this section and must pay the assessed amount on the prescribed schedule; the Minister may prescribe the assessment rate and payment procedure, and some other sections do not apply.

The Minister may determine the remuneration and allowances payable to Tribunal members.

The Minister may appoint properly qualified officers for the Tribunal’s Secretariat, and the Tribunal’s records must be filed and kept there; the records may be inspected and copies obtained on payment of the prescribed fee.

The Tribunal must hear appeals under the Act and do other functions assigned to it, including matters incidental to its functions.

The Tribunal decides matters by majority vote of the members present, except that questions about whether an issue is one of fact or law are decided by the Chairperson alone.

The Chief Justice must make rules for Tribunal procedure, and the Tribunal may act on its own principles where the rules do not cover a case.

At a Tribunal hearing, a party may appear personally or through listed representatives, and the Chairperson may allow another person to appear.

The Tribunal may confirm, vary, or reverse an appeal decision, send a matter back for more evidence or information, order parties to produce further proof, or take other steps to resolve the matter quickly and inexpensively.

The Tribunal may summon witnesses, require books and other things to be produced or inspected, and examine witnesses on oath. The Chairperson may administer oaths, and summonses must be signed by the Secretary to the Tribunal.

The Chairperson may issue a warrant for a summoned person who does not attend or stay in attendance, subject to stated notice and service conditions.

The Tribunal may make cost orders, and employers in Zambia must give the Commissioner business particulars and updates within 14 days; non-resident employers’ representatives must also notify specified details. A party dissatisfied with a Tribunal decision may appeal to the High Court within 30 days.

Employers must keep worker pay and time records and produce them for inspection when authorised persons demand them.

A person must not threaten, compel, or try to compel a worker to act or not act in a way that would take away the worker’s compensation rights.

False or materially misleading statements in compensation claims or required reports are offences. Employers who miss assessment or return obligations may also face penalties, and the Commissioner or Board has powers to determine, waive, or recover amounts in some cases.

Compensation for a worker’s death is not part of the deceased worker’s estate, and compensation payable by someone other than the Board must be paid to the Board unless the Board directs otherwise.

If benefits were paid when not due, the Board may recover the amount.

If an employer becomes bankrupt or starts winding up, certain amounts owed to the Board as compensation for workers or dependants are paid in priority over other debts. The Board also determines the capitalised value of pension, children’s allowance, or periodic payments for this purpose.

Compensation cannot be assigned or charged.

A worker’s compensation is generally protected from attachment, assignment, and set-off, but the Board or an exempted employer may recover certain approved advances from compensation payable to the worker.

Certified records, copies, extracts, and certain affidavits from the Commissioner can be accepted as proof in proceedings under the Act.

The President may make rules by statutory instrument to implement reciprocity conventions on workers’ compensation.

An employer must, if required by the Commissioner, display and keep displayed a clearly printed summary of the Act’s compensation-recovery procedure where workers can see it.

The Board may, with the Minister’s approval, make arrangements with a social security institution for some functions to be carried out by that institution’s Chief Executive as agent of the Board or Commissioner.

This section transfers the dissolved Boards’ undertaking, property, rights, liabilities, and obligations to the Workers’ Compensation Board on the appointed date.

The dissolved Boards must apply in writing to register transferred property, rights, liabilities, or obligations, and the registration officer must record the transfer and may issue or amend title records. No registration fees, stamp duty, or other duties are payable for this registration.

The dissolved Boards must notify employees they want to retain for transfer to the Workers’ Compensation Board, and the Workers’ Compensation Board sets the engagement conditions.

The Workers’ Compensation Board and other persons have the same rights, powers, and remedies for legal proceedings and authority applications when a right, liability, or obligation vests in the Board under the Act.

If a person commits an offence under the Act and no special penalty is provided, they may be fined up to 1,000 penalty units, imprisoned for up to 3 months, or both, on conviction.

The Minister may make regulations by statutory instrument about compensation claims, forms, fees for certain practitioners and experts, prescribed matters, and anything needed to carry out the Act.

This section repeals two named Acts and says certain compensation claims are to be determined under this Act, including pending claims, without retrospective effect.

Section heading about loss of the remaining eye by a one-eyed worker.

The text refers to loss of one eye, with the other eye normal.

This schedule defines a “one-eyed worker” as a workman with no sight in one eye and includes visual-impairment disablement percentages.

This provision sets percentage rules for assessing loss of use, joint ankylosis, multiple injuries, and certain occupational disease incapacity, and it lists scheduled mine workplaces.

This section is a heading listing Minmy/quarrying and related materials: metal, coal, and other.

This provision appears to list sectors, including agriculture and forestry, cement/lime, and manufacturing.

4. Printing. Publishing and Allied Trades

6. Pottery. China and Earthenware Industries

This fragment mentions batteries, including mercury batteries and secondary or rechargeable accumulators.

Section heading for painting, varnishes and lacquers industries.

15. Sugar cane Industries 16, Chemical Industries

The text only shows a heading about leather and leather products and other industries; it does not state a rule.

This text lists petro-chemical industries and plastic industries, without stating any rule.

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This section identifies the Schedule Mines for the Act, including the Roan Antelope Copper Mines.

The provision records which mining divisions or companies operated specified mines at the Act’s commencement and, for some divisions, later transfer dates.

This schedule lists mines and open-pit areas covered by the provision, together with the companies or divisions that operated them at different times.