8378 Cap. 233.

] Workers Compensation Act

CHAPTER233

THE WORKERS COMPENSATION ACT

Arrangement of Sections

Section
PART I-PRELIMINARY

1. Application of Act
2. Interpretation

PART 11-COMPENSATION FOR INJURY

3. Liability of employer
4. Fatal injuries
5. Permanent total incapacity
6. Permanent partial incapacity
7. Temporary incapacity
8. Calculation of earnings
9. Notification of accident
10. Notification by employer to labour officer
11. Medical examination and treatment
12. Agreement as to compensation
13. Computed assessment of disability
14. Determination of claims
15. Power of court to submit question of law
16. Appeals
17. Effect of receipt of damages
18. Insurance
19. Powers of Minister regarding insurance
20. Bankruptcy of employer
21. Contracting out
22. Liability in case of contract of work
23. Compensation not to be assigned, etc.

PART III-MEDICAL AID

24. Medical aid

Workers Compensation Act [Cap. 233. 8379

25. Decisions of court concerning treatment and medical reports

26. Procedures relating to claims

PART IV-OCCUPATIONAL DISEASES

27. Compensation payable in respect of diseases

28. Duty of employer to report scheduled diseases
29. Liability to pay compensation
30. Fixing of dates
31. Presumption as to cause of disease

PART V-GENERAL

32. Regulations
33. Offence by bodies of persons
34. Rules of court
35. Workers and dependants outside Uganda
36. Power to amend Schedules

SCHEDULES

Schedule 1 Currency Point

Schedule 2 Scheduled Diseases

Schedule 3 Percentages for Permanent Incapacities

8380 Cap. 233.] Workers Compensation Act

CHAPTER233

THE WORKERS COMPENSATION ACT

Commencement: 15 September, 2000

An Act to provide for compensation to workers for injuries suffered and

scheduled diseases incurred in the course of their employment.

PART I-PRELIMINARY

1. Application of Act

(1) This Act shall apply to all employment within Uganda.

(2) T his Act shall apply to workers employed by or under the

Government of Uganda in the same way and to the same extent as if the
employer were a private person, but the Act shall not apply to active
members of the armed forces of Uganda.

2. Interpretation

(1) In this Act, unless the context otherwise requires-

"court" means a magistrate's court established under the Magistrates
Courts Act, presided over by a chief magistrate or a magistrate
grade I, having jurisdiction in the area where the accident to the
worker has occurred;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"dependants" means those members of the family including children
and the parents substantially dependent on the earnings of a
worker at the time of his or her death;
"Director General of Health Services" means an officer appointed as the
Director General of Health Services in the Ministry
responsible for health by the Health Service Commission;
"disabilities" means lack or restriction of ability, caused by impairment,
to perform any activity in a manner or within the range
considered normal for a human being, within the cultural
context;
Workers Compensation Act [Cap. 233. 8381

"earnings" includes wages and any allowances paid by the employer

to the worker, including the value of any food, accommodation
or benefit in kind;
"employer" means the Government ofUganda, any person incorporated
or unincorporated, association or partnership, which directly
engages a worker or which, in respect of any worker, carries
on the business of hiring out his or her services;
"Ind ustrial Relations Charter" means the Charter governing the
relationship between national workers and employers
organisations in Uganda adopted in 1964 and recognised by the
Government, as from time to time amended;
"injury" includes an accident and a scheduled disease;
"insurer" includ es any insurance society, association, company or
und erwriter as may be designated by the Minister responsible
for finance;
"Labour Advisory Board" means a Board, representative of the interests
of the Government, workers and employers, as defined by
the Industrial Relations Charter;
"labour officer" means the Commissioner for labour and any other
labour officer of the area where the accident occurs, assigned by
the Commissioner for labour in writing;
"Medical Arbitration Board " means the Arbitration Bod y appointed
under section 13(4);
"medical authority" means a medical practitioner and any other health
personnel authorised by the Minister responsible for health for
the purpose of this Act;
"medical care" means medical, surgical and hospital treatment, skilled
nursing services, dental care, physiotherapy, rehabilitation and
the supply, maintenance, repair and renewal of artificial limbs
or any other artificial appliances or apparatus;
"med ical practitioner" means a med ical practitioner registered or
licensed under the Medical and Dental Practitioners Act;
"member of the family" means the wife, husband , father, mother,
grandfather, grandmother, stepfather, stepmother, son, daughter,
grandson, granddaughter, stepson, stepdaughter, brother,
sister, uncle, aunt, niece, nephew, cousin or adopted child;
"Minister" means the Minister responsible for labour;
"scheduled disease" means a disease specified in Schedule 2 to this
Act;
8382 Cap. 233.] Workers Compensation Act

"total incapacity" means incapacity, whether of a temporary or

permanent nature, which incapacitates a worker for any
employment which he or she was capable of undertaking at the
time when the accident occurred;
"worker" means-
(a) any person who performs services in exchange for
remuneration, other than a person who performs services
as an independent contractor; or
(b) an apprentice who is engaged primarily for the purpose of
receiving training in a trade or profession.

(2) For the purposes of the definition of "partial incapacity" in this

section, every injury specified in Schedule 3 to this Act except an injury
or combination of injuries in respect of which the percentage or aggregate
percentage of the loss of earning capacity specified in that Schedule in relation
to that injury or those injuries amounts to one hundred percent or more shall
be taken to result in permanent partial disability.

(3) For the purposes of the definition of total incapacity in this

section, "permanent total incapacity" shall be deemed to result from an injury
or from any combination of injuries specified in Schedule 3 to this Act where
the percentage or aggregate specified in that Schedule in relation to the
injury or injuries amounts to one hundred percent or more.

(4) Any reference to a worker who has been injured shall, where
the worker is dead, include a reference to his or her personal representative
or his or her dependants, or to a person officially appointed to act in those
circumstances.

PART II-COMPENSATION FOR INJURY

3. Liability of employer

(1) If personal injury by accident arises out of and in the course of a

worker's employment, the injured worker's employer shall be liable to pay
compensation in accordance with this Act.

(2) The employer shall not be liable in respect of an injury which

does not either-
(a) result in permanent incapacity; or
Workers Compensation Act [Cap. 233. 8383

(b) incapacitate the worker for at least three consecutive days from
earning full wages at the work at which he or she was employed.

(3) An act shall be deemed to be done out of and in the course of

employment when a worker acts to protect any person on the employer's
premises whom the worker believes to be injured or imperilled, or when a
worker acts to protect property on the employer's premises.

(4) Any personal injury by accident arising while the employee is

travelling directly to or from his or her place of work for the purpose of
employment shall be deemed to be an accident arising out of and in the
course of his or her employment.

( 5) For the purposes of this section, it shall be for the employee who
suffers injury by accident arising while travelling to or from his or her place
of work to show that such travel was direct.

(6) Compensation shall be payable under this section whether or

not the incapacity or death of the worker was due to the recklessness or
negligence of the worker or otherwise.

(7) Any accident arising in the course of employment shall, unless

the contrary is proved, be presumed to arise out of employment.

(8) Compensation in cases of permanent incapacity or death shall,

in principle, be paid in the form of periodic payments; otherwise, they may
be awarded in lump sums as provided under this Act.

4. Fatal injuries

(1) Where the deceased worker leaves any family members who are
dependent on his or her earnings, the amount of compensation shall be a
sum equal to sixty times his or her monthly earnings, computed in
accordance with section 8 subject to a maximum which may be varied by
the Minister on the recommendation of the Labour Advisory Board.

(2) Where the deceased worker does not leave any family members
who are dependent on his or her earnings, the employer shall pay the expenses
of the medical aid provided and the burial expenses of the deceased.
8384 Cap. 233.] Workers Compensation Act

(3) Where the deceased worker has, in respect of the same accident,
received compensation under section 5 or 6, half of that amount shall be
deducted from the sum payable under subsection (1).

(4) It shall be presumed for the purposes of this Act that a worker
has dependants unless the local authority of the home area of the deceased
proves otherwise.

( 5) Where an injury results in the death of a worker, any compensation

payable under this Act shall be paid to the Commissioner for labour who, in
consultation with the Administrator General, will pay it to the beneficiaries
according to the degree of dependence of the survivors to the deceased.

( 6) If the worker is killed as a result of an accident for which the

employer has liability under this Act, the dependants, if any, of the deceased
may recover from the employer the expenses of medical treatment of the
deceased, burial of the deceased and expenses incidental to the medical
treatment and burial of the deceased.

5. Permanent total incapacity

(1) Except where the te rms and conditions of se rvice provide for
a higher compensation, where permanent total incapacity results from any
injury, the amount of compensation shall be a sum equal to sixty months'
earnmgs.

(2) Where an injury under this section is such as to be likely to

require the injured worker to have the constant assistance of another person
on a permanent basis, then the amount of compensation payable shall be
increased by one-quarter.

6. Permanent partial incapacity

(1) Where permanent partial incapacity results from the injury, the
amount of compensation shall be-
(a) in the case of an injury specifie d in Schedule 3 to this Act, such
percentage of sixty times the workers' monthly earnings as is
specified in that Schedule as being the percentage of the loss of
earning capacity caused by that injury;
Workers Compensation Act [Cap. 233. 8385

(b) in the case of an injury not specified in Schedule 3 to this Act,

such percentage of sixty times the workers' monthly earnings
as is proportionate to the loss of earning capacity permanently
caused by the injury.

(2) Where more than one injury results from the same accident, the
amount of compensation shall be aggregated, but the amount of compensation
payable under this section shall not be greater than the amount that would
have been payable if the accident had caused the worker to suffer permanent
total incapacity.

(3) The Minister on the recommendation of the Labour Advisory

Board may, by statutory instrument, increase the amount of compensation
payable under this section.

7. Temporary incapacity

(1) Where temporary incapacity, whether total or partial, results

from the injury, the compensation shall be either a lump sum or periodic
payments as the court may order, having regard to the circumstances in which
the accident took place, the probable duration of the incapacity of the worker,
the injuries suffered by the worker and the financial consequences for the
worker and his or her dependants.

(2) The period covered by hospitalisation or absence from duty

certified necessary by a medical practitioner shall be regarded as a period
of temporary total incapacity irrespective of the outcome of the injury, and
any period subsequent but preceding final assessment of disability shall be
regarded as a period of temporary partial incapacity, both periods being
continuous with each other, variations in payments notwithstanding; and the
maximum duration of periodical payments under this section shall not exceed
ninety-six months, except where in the opinion of a medical practitioner,
the period of incapacity is longer, it may be extended beyond the ninety-six
months.

8. Calculation of earnings

(1) For the purpose of this Act, the monthly earnings of a worker shall
be computed in a manner best calculated to give the rate per month at
which the worker has been remunerated during the twelve months
immediately
8386 Cap. 233.) Workers Compensation Act

preceding the accident, and the computation of annual earnings shall be a

multiple of twelve of that sum.

(2) Where, by reason of the shortness of time during which the

worker has been employed or for other good cause, it is not possible to
compute the earnings of the worker in the way mentioned in subsection (1),
regard may be had to the average monthly amount which was being earned
by a person of similar earning capacity in the same grade as the worker and
employed at the same or similar employment.

(3) Where a dependant dies before payment of compensation

in respect of a worker's death is made to the dependant, his or her legal
representative shall have no right to receive the payment, and the claim for
compensation shall be dealt with as if that dependant had died before the
worker.

(4) Where an employer makes a payment to a worker or the

dependants of a deceased worker pending the settlement of determination of a
claim arising under this Act, the receipt shall be deducted from the amount
of the compensation payable in respect of the accident, except medical
expenses as provided for under section 24.

9. Notification of accident

(1) Compensation may not be payable under this Act unless notice
of the accident has been given to the employer by or on behalf of the worker
as soon as is reasonably practicable, and in any case within one month after
the date when the accident occurred or within three months after the date
the symptoms of the occupational disease became apparent; but no notice is
required where it is shown that the employer was aware of the accident or
disease at or about the time it occurred or at the time when the symptoms
became evident, or for any reasonable cause.

(2) Notice in respect of an accident causing injury to which this Act

applies shall be given in a form prescribed by the Minister, by regulations.

10. Notification by employer to labour officer

(1) After the happening of an accident causing injury to a worker of

such a nature as would entitle him or her to compensation under this Act, the
Workers Compensation Act [Cap. 233. 8387

employer shall, at once, report the accident either by telephone, telegram,

telefax or telex or any other reasonable means to the labour officer of the
area; and the report shall be followed immediately by a written report of the
accident before the worker has voluntarily left the employment in which he
or she was injured.

(2) Where the death of a worker from any cause is brought to the
attention of, or comes to the knowledge of his or her employer, the
employer shall, as soon as reasonably practicable after the death, give
notice to the labour officer, stating the circumstances of the death if they are
known to the employer.

(3) Any employer who fails to comply with subsection (1) or (2)
without reasonable cause, commits an offence and is liable, on conviction,
to a fine not exceeding ten currency points.

(4) Nothing in this section shall prevent any person from making a
claim for compensation under this Act.

11. Medical examination and treatment

(1) Where a worker has given notice of an accident, the employer

shall, as soon as reasonably possible after the date on which notice has been
given, arrange to have the worker medically examined by a qualified medical
practitioner, at no charge to the worker.

(2) The worker shall be entitled to have his or her own medical
practitioner or an official of a trade union of which he or she is a member
present at the examination, but the attendance shall be at the worker's own
expense.

(3) Failure without good cause to appear for a medical examination

under this section, or failure to observe the clinical instructions given by a
medical practitioner and given at or following the examination, may be
taken into account by the court in assessing the amount of compensation
payable under this Act; and the court may use the failure to justify the
making of a deduction from any sum which would otherwise have been
payable in respect of an injury suffered by the worker.
8388 Cap. 233.] Workers Compensation Act

(4) During the period of temporary total incapacity, the employer

shall be liable to pay the costs of medical care.

12. Agreement as to compensation

(1) The employer and the worker may, with the written approval of
the labour officer, agree that compensation be paid in respect of an injury
which would otherwise give rise to a claim under this Act.

(2) For the purpose of subsection (1), the following requirements

shall be complied with-
(a) the compensation agreed upon shall not be less than the amount
payable under this Act; and
(b) it shall be for the employer to show that the worker was able to
understand the terms of the agreement.

(3) The court may, on the application by any party within three
months after the date of the agreement, cancel it and make such order as it
thinks just, if the court is satisfied-
(a) that the sum paid or to be paid was less than required by this
section;
(b) that the agreement was entered into in ignorance of, or under a
mistake as to the true nature of the injury; or
(c) that the agreement was obtained by fraud, trickery or the use of
undue influence or other improper means.

13. Computed assessment of disability

(1) If the final assessment of disability made by a medical practitioner

after a medical examination, made in accordance with section 11, is disputed
by the employer or 1.he worker, the employer or the worker may apply to the
labour officer to request that the dispute be referred to the Medical Arbitration
Board.

(2) The application for referral shall be made within a reasonable

time from the date of receipt of the notice of final assessment.

(3) The decision of the Medical Arbitration Board on the matter shall
be final unless a party aggrieved by the decision goes to court.
Workers Compensation Act [Cap. 233. 8389

(4) The Medical Arbitration Board shall be appointed by the Minister

in consultation with the Director General of Health Services upon terms
and conditions that the Minister may determine by statutory instrument and
shall consist of a chairperson, who shall be a registered medical practitioner,
and two other members one of whom shall be a person knowledgeable in
disabilities.

( 5) The Medical Arbitration Board may at any time and for a specific
period co-opt not more than two persons on the Board to provide
specialised expertise to the Board.

(6) The Medical Arbitration Board shall have a secretary who shall
be the Assistant Commissioner for labour in charge of workers compensation.

14. Determination of claims

(1) If any employer on whom notice of the accident has been served
under section 9 does not, within twenty-one days after the receipt of the notice,
agree in writing with the worker as to the amount of compensation to be paid,
the worker may, in the prescribed form and manner, make an application
for enforcing a claim to compensation to the court having jurisdiction in the
district in which the accident giving rise to the claim occurred.

(2) All claims for compensation under this Act, unless determined by
agreement, and any matter, except disputes as to the assessment of disability
under section 13, arising out of proceedings under this Act shall be determined
by the court, whatever may be the amount involved.

(3) The court may for the purpose of any proceedings under this
section call upon any government officer or any independent medical
practitioner to give evidence, if the court is of the opinion that the officer or
practitioner is, by virtue of expert knowledge, capable of assisting the court.

15. Power of court to submit question of law

(1) The court may, if it thinks fit, submit any question of law for the
decision of the High Court.

(2) The submission shall be in the form of a special case in accordance

with rules made under section 34.
8390 Cap. 233.] Workers Compensation Act

16. Appeals

(1) Subject to this section and sections 12 and 25, an appeal shall lie
to the High Court from any order of the court.

(2) Except with the leave of the court or of the High Court, no appeal
shall lie if the amount in dispute is less than one currency point.

(3) Leave shall not be granted under subsection (1) unless in the
opinion of the court or of the High Court a substantial question of law is
involved in the appeal.

(4) No appeal shall lie in any case in which the parties have agreed
to abide by the decision of the court, or in which the order of the court gives
effect to an agreement of the parties.

(5) No appeal shall lie after the expiration of thirty days from the
date of the order of the court, except that the High Court may extend the
time for appealing under this section even if the time for appealing has
elapsed.
17. Effect of receipt of damages

(1) When the injury in respect of which compe nsation is payable

under this Act arises from an accident the circumstances of which create a
legal liability on the employer, either directly or vicariously, or on some other
person, for which the worker may recover damages in an action at law, the
worker or person authorised to bring proceedings on his or her behalf, may,
notwithstanding this Act, bring proceedings and recover damages.

(2) Where a claim for damages as referred to in subsection (1) is

brought by a worker, the amount of compensation which he or she has been
awarded under this Act shall be taken into account in the assessment of his
or her loss.

(3) Where a claim for compensation under this Act is brought by a

worker who has suffered injury, the amount of compensation payable shall be
reduced by the amount of any damages following a finding of legal liability
received in respect of the injury from any person.
Workers Compensation Act [Cap. 233. 8391

(4) Where a claim for damages as referred to in subsection (1) is

brought by a worker, the court in which the proceedings are taken may decide
whether the circumstances of the claim are such that compensation under
this Act is payable to the plaintiff and may assess the amount of
compensation so payable, but may deduct from that compensation any extra
costs which have been incurred by bringing proceedings independently of
this Act.

(5) Where a worker has brought proceedings under this Act or

otherwise against an employer and the proceedings have either been disposed
ofby the judgment ofa competent court or have been the subject ofagreement
under section 12, no further proceedings under this Act or otherwise in respect
of the same injury shall be brought.
18. Insurance

(1) Subject to subsections (2) and (3), every employer shall insure
and keep himselfor herselfinsured in respect ofany liability which he or she
may incur under this Act to any worker employed by him or her.

(2) The insurers empowered to offer insurance under this section

shall be specified in a list kept by the Minister responsible for finance and
published in the official Gazette.

(3) An employer shall not, for the purpose of obtaining a policy of

insurance as required by this section, make any false statement or willfully do
any act in consequence of which the policy is liable to be voided or payment
under the policy refused.

( 4) An employer shall provide information regarding insurance

effected to meet the requirements of this section, when reasonably requested
by the Commissioner for labour or any person acting on his or her behalf.

(5) An employer who contravenes this section commits an offence

and is liable-
(a) on a first conviction, to a fine not exceeding ten currency points;
(b) on a second conviction, to a fine not exceeding twenty currency
points; and
(c) on a third and subsequent convictions, to a fine not exceeding one
hundred fifty currency points or to imprisonment for a term not
exceeding one year, or both.
8392 Cap. 233.) Workers Compensation Act

19. Powers of Minister regarding insurance

The Minister may, by regulations, make provision for-

(a) declaring void any terms included in a policy of insurance which
is issued for the purposes of section 18; or
(b) paying benefi ts under that policy in circumstances where
judgment of any liability required to be covered by section 18
has been obtained by the worker against the employer.

20. Bankruptcy of employer

(1) Where any employer has entered into a contract with any insurer
in respect of any liability under this Act to any worker, then if the employer
becomes bankrupt or makes a composition or arrangement with his or her
creditors, or if the employer is a company, if the company has commenced
to be wound up or a receiver or manager of the company's business or
undertaking has been duly appointed, the rights of the employer against the
insurer as regards liability shall, notwithstanding anything in any law relating
to bankruptcy and the winding up of companies, be transferred to and vest
in the worker.

(2) Where any transfer takes place under subsection (1 ), the insurer
shall have the same rights and remedies and be subject to the same
liabilities as if it were the employer; except that the insurers shall not be
under any greater liability to the worker than they would have been under
the employer.

(3) If the liability of the insurer to the worker is less than the liability
of the employer to the worker, the worker may prove for the balance in the
bankruptcy or liquidation, or, as the case may be, he or she may recover the
balance from the receiver or manager.

(4) The amount due in respect of any compensation or liability for

compensation shall be included among the debts which under section 11 of
the Insolvency Actdistribution
(a) in the are- of the property or assets of a bankrupt, to be
paid in priority to all other debts; and
(b) in the winding up of a company to be paid in priority to all debts.
Workers Compensation Act [Cap. 233. 8393

(5) For the purposes of subsection (4), the amount due in respect
of compensation or liability for compensation shall have accrued before the
following dates-
(a) in the situation ref erred to in subsection (4)(a), the date of
bankruptcy proceedings;
(b) in the situation referred to in subsection (4)(b), the date of
commencement of the winding up of the company.

( 6) Where the compensation is a periodical payment, the amount

due in respect of the compensation shall, for the purpose of this section, be
taken to be the amount of the lump sum for which the periodical payment
could, if redeemable, be redeemed if the employer made an application for
that purpose under this Act.

(7) Where the bankrupt or company in liquidation has entered into

such a contract with insurers as is referred to in subsection ( 1 ), subsection
(4) shall not apply in respect of the liability of the employer to the worker or
that part of the liability which is met by the insurers.

21. Contracting out

Any contract or agreement, whether made before or after the commencement

of this Act, by which a worker relinquishes any right to compensation from
an employer for injury arising out of and in the course of the worker's
employment, shall be null and void insofar as it seeks to remove or reduce
the liability of any person to pay compensation under this Act.

22. Liability in case of contract of work

(1) Where a person awards a contract or subcontract to an employer

for the execution of any piece of work, that person shall be liable to pay to
any worker employed in the execution of the contract or subcontract by the
employer any compensation under this Act as if that worker had been directly
employed by that person.

(2) Where compensation is claimed or proceedings are taken against

a person under subsection (1 ), any reference to the employer under this Act
shall apply to that person except that the amount of compensation shall
be calculated with reference to the earnings of the worker as paid by the
employer.
8394 Cap. 233.] Workers Compensation Act

(3) Where a person pays compensation under subsection (1), he or

she shall be entitled to be indemnified by the employer.

(4) Where a claim is made under subsection (1), the person

contracting or subcontracting out work shall notify the employer about the
claim and the employer shall make preparation-
(a) to pay compensation to the worker; or
(b) to indemnify the person who paid the compensation to the worker.

(5) Nothing in this section shall be construed as preventing a worker

from making a claim for compensation directly against the employer.

(6) This section shall not apply where the accid ent occurred in a
place other than the place of execution of the contract or subcontract.

23. Compensation not to be assigned, etc.

Compensation payable under this Act shall not be capable of being assigned,
charged or attached, and shall not pass to any other person by operation of
law nor shall any claim be set off against that compensation.

PART III-MEDICAL AID

24. Medical aid

(1) Where an accident occurs entitling the worker to compensation

under this Act, the employer shall defray the reasonable costs incurred by
the ·worker-
(a) in respect of medical expenses; and
(b) in respect of transport and incidental expenses,
in each case arising out of and in connection with the accident.

(2) The court may, when determining any dispute in respect of the
compensation or upon the application of any interested person, order the
payment of any of the expenses referred to in this section to the persons
entitled to receive it.

(3) If the worker is killed as a result of an accident for which the

employer has liability under this Act, the dependants, if any, of the
deceased may recover from the employer the expenses of medical
treatment of the
Workers Compensation Act [Cap. 233. 8395

deceased if no medical care was paid under section 11(4), burial of the
deceased and expenses incidental to the medical treatment and burial of the
deceased.

25. Decisions of court concerning treatment and medical reports

All disputes as to the necessity for, or the character or sufficiency of, any
medical aid provided or to be provided under this Part shall be determined
by the court.

26. Procedures relating to claims

Except where, after consultation with the Labour Advisory Board, a contrary
procedure is prescribed by the Minister by regulations, for particular categories
of workers suffering injuries giving rise to compensation under this Act, the
following procedure shall govern the payment of compensation-
(a) any compensation due shall be paid by the employer to the district
labour officer, and the district labour officer shall, as soon as is
practicable, and in any case not later than two weeks after receipt
of a claim, pay any such sum to the worker or other person or
persons entitled to receive it;
(b) any notice required under this Act to be served by a worker may
be served by a district labour officer;
(c) where compensation has been paid by the employer to the district
labour officer, and the district labour officer is unable after taking
reasonable steps to pay it to the person or persons entitled to
receive it, the district labour officer shall pay the sum into the
Consolidated Fund; except that payment into the Consolidated
Fund shall not preclude the subsequent making of a claim to the
district labour officer for payment to persons entitled by law to
receive the payment of compensation; and
(d) where any subsequent claim for payment of compensation as
mentioned in paragraph (c) is made, it shall be certified by the
district labour officer; and the district labour officer shall be
reimbursed as necessary by the repayment of a sum paid by him
or her into the Consolidated Fund.
8396 Cap. 233.] Workers Compensation Act

PART IV-OCCUPATIONAL DISEASES

27. Compensation payable in respect of diseases

(1) Where a medical practitioner grants a certificate stating that­

(a) a worker is suffering fr om a scheduled disease causing
disablement or that the death of a worker was caused by
any scheduled disease; and
(b) the disease was due to the nature of the worker's employment
and was contracted within the twenty-four months immediately
previous to the date of the disablement or death, except in the
case of a scheduled disease which manifests itself after or
during several years ofemployment,
the worker, or ifhe or she is deceased, his or her dependants shall be entitled
to claim and to receive compensation under this Act as ifthe disablement or
death had been caused by an accident arising out of and in the course ofhis
or her employment.

(2) For the avoidance ofdoubt, it is stated that a disease is contracted

for the purposes of this section either-
(a) when the symptoms of the disease are clearly manifested in
physiological or psychological signs; or
(b) when it is first diagnosed by a medical practitioner.

(3) Whenever a medical practitioner grants a certificate under this

section, it shall be the duty of the worker or a person acting on his or her
behalf, to give a copy ofthe certificate to the employer and the district labour
officer.

28. Duty of employer to report scheduled diseases

Whenever a medical practitioner grants a certificate as is mentioned in section

27, it shall be the duty of the employer ofthe worker to make and submit, at
once, a written report of the case giving all the particulars contained in the
certificate to the labour officer ofthe area.

29. Liability to pay compensation

(1) Subject to subsection (5), compensation shall be payable by

the employer who last employed the worker during the period of twenty-
Workers Compensation Act [Cap. 233. 8397

four months referred to in section 27(l )(b) unless that employer proves that
the disease was not contracted while the worker was in his or her or its
employment.

(2) The worker or his or her dependants shall, if required by the

employer from whom compensation is claimed, provide the information they
have as to the identity and location of all other employers of the worker
during the period of twenty-four months referred to in section 27(l )(b).

(3) If the employer alleges that the disease was in fact contracted
while the worker was in the employment of another employer and not while
in his or her or its employment, the employer may join the other employer
as a party to the proceedings in the manner provided by rules of court made
under section 34; and, if the allegation is proved, the other employer shall be
the employer from whom the compensation is to be recoverable.

(4) If the claim is in respect of a disease which is contracted by

a gradual process, every other employer who employed the worker during
the period of twenty-four months referred to in section 27(l )(b), if the
employment was in an occupation which is likely to have caused the disease
from which the worker suffers or has suffered, is liable to make a contribution
to the employer in respect of whom compensation is recovered; the amount
of the contribution shall, if the parties fail to agree, be settled by civil suit or
by consensual arbitration under the Arbitration and Conciliation Act.

(5) The Minister may, by statutory instrument, order medical

examination of certain categories of workers.

(6) Where, in respect of any scheduled disease which manifests itself

during or after several years of employment, compensation is payable under
this section to a worker who was successively employed by more than one
employer, if it is not possible to determine which of those employers is solely
liable to pay the compensation, then each employer shall contribute the sum
which in the opinion of the Commissioner for labour is appropriate, given
the period of employment of the worker with each of the different employers.
8398 Cap. 233.] Workers Compensation Act

30. Fixing of dates

(1) In the application of the provisions of this Act to disablement

or death caused by a scheduled disease, any refe rence to the date of the
occurrence of the accident shall be construed to mean-
(a) in the case of a disease causing disablement, the date of the
certificate referred to in section 27; and
(b) in the case of death from a disease, the date of the death of the
worker.

(2) The provisions of section 9 concerning notification to the

employer shall apply in respect of the recovery of compensation as they
apply in respect of the recovery of compensation for an injury resulting from
an accident.

(3) Compensation shall be calculated with reference to the earnings of

the worker under the employer from whom the compensation is recoverable;
and the monthly earnings of the worker shall be computed in the manner
best calculated to give the rate per month at which the worker was being
remunerated at the date of the grant of the certificate referred to in section 27.

( 4) Where at the date of the grant of the certificate the worker was
not so employed, the earnings shall be computed in a manner best calculated
to give the rate per month at which the worker was being remunerated when
last employed by the employer from whom compensation is recoverable.

(5) Where by reason of the shortness of the time during which the
worker has been in the employment of the employer or the casual nature of
the employment, or the terms of employment, it is impracticable to compute
the rate of remuneration in the manner mentioned in subsection (3) or (4),
regard may be had to the average monthly amount which, during the last
twelve months of employment with that employer, was being earned by a
person of similar earning capacity in the same grade employed at the same
work by the same employer, or if there is no person so employed, by a person
of similar earning capacity in the same grade employed in the same class of
employment and in the same district.

(6) For the purpose of assessing the compensation payable in cases

of permanent incapacity, where a worker was, at the date of the grant of the
certificate, under the apparent age of eighteen years, his or her earnings
shall
Workers Compensation Act [Cap. 233. 8399

be deemed to be an amount which had he or she not contracted the disease, he or

she would probably have received upon attaining the age of eighteen years or at
the end of a period of five years after the date of the grant of the certificate
whichever calculation is more favourable to the worker.

31. Presumption as to cause of disease

If a worker who becomes disabled by or dies of any disease mentioned in

Schedule 2 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.

PART V-GENERAL

32. Regulations

(1) The Minister may make regulations for giving full effect to this
Act.

(2) Without prejudice to the general effect of subsection (1), the

Minister may make regulations under that subsection for the following
purposes-
(a) for any purpose for which regulations are required or authorised to be
made under this Act;
(b) prescribing anything required or authorised to be prescribed under
this Act; and
(c) prescribing procedure, forms and fees.

(3) Regulations made under this section may prescribe a penalty of a

fine not exceeding thirty currency points or imprisonment not exceeding one year,
or both in respect of a contravention of any provision of the regulation­
(a) in respect of a second or subsequent offence, a penalty of a fine
not exceeding sixty currency points or imprisonment not
exceeding two years, or both; and
(b) an additional penalty not exceeding three currency points in
respect of each day on which the offence continues.
8400 Cap. 233.] Workers Compensation Act

(4) Without prejudice to the powers of the Minister under this

section, the Labour Advisory Board shall, at intervals of not less than once
in each calendar year, review the general level of financial limits fixed for
the payment of compensation and fines under this Act, and submit its views
regarding the adequacy of those limits to the Minister.

33. Offences by bodies of persons

(1) Where an offence under this Act or under any regulations made
under it is committed by a body of persons then-
(a) if that body is a company, every director or officer of the company
commits the offence; and
(b) if the body is a firm or partnership, every partner of the firm or
partnership commits an offence.

(2) A person commits no offence under subsection (1) if he or she

proves that the act or omission constituting the offence took place without
his or her knowledge or consent.

34. Rules of court

The Chief Justice may make rules of court for regulating proceedings
before the court under this Act and for the fees payable in respect of those
proceedings.

35. Workers and dependants outside Uganda

(1) Compensation awarded under this Act to a worker or dependant

who is resident and domiciled outside Uganda shall be paid by the employer
to the labour officer.

(2) The Commissioner for labour shall make such arrangements as

he or she considers to be appropriate for the transmission of compensation
to the worker or dependant entitled to the compensation.

(3) Where, in a claim arising under this section, it is not possible to

identify the proper recipient of compensation or any person dependent upon
him or her, the labour officer shall pay the compensation to the
Administrator General for payment into the Consolidated Fund.
Workers Compensation Act [Cap. 233. 8401

(4) Nothing in this section shall prevent payment of any compensation

due under this Act to any person, as and when that person or his or her
dependant is identified.

36. Power to amend Schedules

(1) The Minister may, by statutory instrument, with the approval of

Cabinet, amend Schedule 1 to this Act.

(2) Subject to subsections (3) and (4), the Minister may, by statutory
instrument, after consultation with the Labour Advisory Board, amend Schedule
2 to this Act.

(3) The Minister shall prior to making a statutory instrument under

subsection (2), cause to be published in the Gazette a notice of his or her
intention to make the statutory instrument inviting persons wishing to object
to the making of the statutory instrument to submit their objections in writing
to the Commissioner for Labour within a period specified in the notice.

(4) · The Minister shall consider the objections submitted under

subsection (3) and shall in any case not issue the statutory instrument before
the expiry of at least one month after the date of the notice referred to in
subsection (3).
8402 Cap. 233.] Workers Compensation Act

SCHEDULES

Schedule 1
Sections 2(1), 36(1)
Currency Point

A currency point is equivalent to twenty thousand shillings.

Workers Compensation Act [Cap. 233. 8403

Schedule 2
Sections 2(1), 31, 36(2)
Scheduled diseases
Description of disease or injury Nature of occupation
I. Acute, subacute or chronic poisoning due to metals or their compound
1. Poisoning due to arsenic or its Work involving exposure to arsenic or
compounds its compounds
2. Poisoning due to berylium or its Work involving exposure to berylium
compounds or its compounds
3. Poisoning due to cadmium or its Work involving exposure to cadmium
compounds or its compounds
4. Poisoning due to chromium or its Work involving exposure to chromium
compounds or its compounds
5. Poisoning due to lead or its Work involving exposure to lead or its
compounds compounds
6. Poisoning due to manganese or its Work involving exposure to
compounds manganese or its compounds
7. Poisoning due to mercury or its Work involving exposure to mercury
compounds or its compounds
8. Poisoning due to any other metal or Work involving exposure to any other
metal compounds metal or metal compounds scientifically
proved to cause poisoning
IL Acute, subacute or chronic poisoning due to other chemicals
9. Poisoning due to acrylamide Work involving exposure to
monomer acrylamide monomer
10. Poisoning due to benzene or its Work involving exposure to benzene
homologues or its homologues
11. Poisoning due to amino-, chloro-, Work involving exposure to amino-,
nitro-, or nitrochloro-derivatives of chloro-, nitro-ornitrochloro-derivatives
benzene or its homologues of benzene or its homologues
12. Poisoning due to carbon disulphide Work involving exposure to carbon
disulphide
13. Poisoning due to halogenated Work involving exposure to
aliphatic and aromatic halogenated aliphatic and aromatic
(hydrocarbons) compounds (hydrocarbons) compounds
14. Poisoning due to diethylene Work involving exposure to fumes or
dioxide (dioxan) vapour containing diethylene dioxide
(dioxan)
8404 Cap. 233.] Workers Compensation Act

15. Poisoning due to dinitrophenol Work involving exposure to

dioxide or its homologues or dinitrophenol dioxide or its homologues
substituted dinitrophenols or by or substituted dinitrophenols or salts of
salts of such substances such substances
16. Poisoning due to methyl bromide Work involving exposure to fumes or
vapour containing methyl bromide
17. Poisoning due to nickel carbonyl Work involving exposure to nickel
carbonyl gas
18. Poisoning due to nitrous fumes Work involving exposure to nitrous
fumes (or nitric acid)
19. Poisoning due to pesticides Work involving exposure to any
pesticide
20. Poisoning due to phosphorus or its Work involving exposure to
compounds phosphorous or its compounds
21. Poisoning due to organic solvents Work involving exposure to any
organic solvent
22. Poisoning due to tri-cresyl Work involving exposure to fumes or
phosphate vapour containing tri-cresyl phosphate
23. Poisoning due to tri-phenyl Work involving exposure to fumes or
phosphate vapour containing triphenyl phosphate
24. Poisoning due to any other Work involving exposure to any other
chemical occupationally handled chemical scientifically proved to have
and affecting any part or system of any adverse health effect
the body
III. Allergy
25. Occupational asthma Work involving exposure to a
specific biological or chemical agent
scientifically proven to be a respiratory
allergen
26. Occupational allergic dermatitis Work involving exposure to a specific
biological and chemical agent
scientifically proven to be a skin
allergen
27. Any other allergic disease Work involving exposure to any
specific biological or chemical agent
scientifically proven to be allergenic
IV. Dust induced lung diseases
28. Pneumoconioses including Work involving exposure to any
asbestosis fibrogenic mineral dust including
asbestos
Workers Compensation Act [Cap. 233. 8405
29. Organic dust-induced lung disease Work involving exposure to
any organic dust scientifically
proven to cause lung disease
V. Infections and infestations
30. HIV/AIDS
31. Ankylostomiasis and other Work involving exposure to skin
geohelminthiasis penetrative forms of hookworm and
other geohelminths
32. Anthrax Work involving exposure to wool,
hair, bristles, hides, skins or other
infected animal residues or animals
infected with anthrax
33. Brucellosis Work involving contact with animals
infected with the brucella organisms
of carcasses, parts or products thereof
or laboratory specimens or other
materials containing the brucella
34. Glanders organisms
Work involving contact with infected
equine animals or their carcasses
3 5. Leptospirosis Work involving exposure to urine or
other wastes or products of rats, mice,
dogs, pigs or bovine animals infected
with leptospiro organisms
36. Schistosomiasis Work involving exposure to water
infested with bilharzia carrying snails
37. Tuberculosis Work involving exposure to tuberculosis
organism in course of medical, nursing,
laboratory or social work
38. Viral hepatitis Work involving close or frequent
contact with human blood or its
products or any other source of viral
hepatitis infection especially in medical
and nursing work
39. Any other infection or infestation Work involving exposure to any other
specific organisms of occupational
origin in an infective form
VI. Physical and mechanical agent effects
40. Bursitis or subcutaneous cellulitis Manual work causmg severe or
arising at or about the elbow due prolonged external friction or pressure
to severe or prolonged external at or about the elbow
friction or pressure at or about the
elbow (beat elbow)
8406 Cap. 233.] Workers Compensation Act

41. Bursitis or subcutaneous cellulitis Manual work causing severe or

arising at or about the knee due prolonged external friction or pressure
to severe or prolonged external at or about the knee
friction or pressure at or about the
knee (beat knee)
42. Cramp of hand or arm due to Prolonged periods of handwriting,
repetitive movements typing, or other work involving
repetitive movements of the fingers,
hand or arm
43. Traumatic inflammation of the Manual labour or frequent or repeated
tendons of the hand or forearm or movements of the hand or wrist
of the associated tendon sheaths
(tenosynovitis)
44. Subcutaneous cellulitis of the hand Manual labour causing severe or
(beat hand) prolonged friction or pressure on the
hand
45. Decompression sickness or its Work involving subjection to
sequalae (staggers, bends, chokes, compressed or rarefied air
hyperbaric osteonecrosis and other
barn-trauma)
46. Occupational cataract Frequent or prolonged exposure to
red hot material or specific chemicals
scientifically proved to cause cataract
47. Any disease due to exposure to Work involving exposure to any
ionising radiation ionising radiation
48. Miners nystagmus Work in or about a mine
49. Occupational deafness Work involving exposure to excessive
noise, ultra-noise or to any physical or
chemical agent proved scientifically to
cause deafness
50. Any disease caused by local or Work involving exposure to local or
whole body vibration whole body vibration
51. Any other disease due to exposure Work involving exposure to any
to a physical agent other physical agent which has been
scientifically proved to cause disease
VII. Cancers and neoplasms
52. Any growth, dysplasia, neoplasia Work involving occupational exposure
or cancer caused by occupational to biological, chemical or physical
exposure to a biological, chemical agent scientifically proved to cause a
dysplasia, neoplasia or cancer growth, dysplasia, neoplasia or cancer
Workers Compensation Act [Cap. 233. 8407

VIII. Other diseases

53. Occupational vitiligo Work involving exposure to para-
tertiary-butylphenol, para-tertiary-
butylcatechol, para-amylphenol,
hydroquinone or the monobenzyl or
monobutyl ether of hydroquinone
54. Any other disease scientifically Work involving exposure to any
proved to be of occupational origin other agent scientifically proved to
cause disease but not cited above
8408 Cap. 233.] Workers Compensation Act

Schedule 3
Sections 2(2), (3), 6(1)
Percentages for Permanent Incapacities

Injuries Percent
Loss of two limbs 100
Loss of both hands or of all fingers and both thumbs Total loss
of sight
Total paralysis
Injuries resulting in being bedridden permanently Any other
injury causing permanent total disablement Loss of remaining
eye by one-eyed worker
Loss of remaining arm by one-armed worker
Loss of remaining leg by one-legged worker

Loss of arm at shoulder 70

Loss of arm between elbow and shoulder 68
Loss of arm at elbow 67
Loss of arm between wrist and elbow Loss 60/65
of hand at wrist 60
Loss of four fingers and thumb of one hand 60
Loss of four fingers 35
Loss of thumb
both phalanges 35
one phalanx 10
Loss of index finger
three phalanges 10
two phalanges one 8
phalanx 4
Loss of middle finger
three phalanges 6
two phalanges one 4
phalanx
2
Loss of ring finger
three phalanges 5
two phalanges one 4
phalanx
2
Workers Compensation Act [Cap. 233. 8409

Loss of little finger

three phalanges 4
two phalanges 3
one phalanx 2
Loss of metacarpals
first or second (additional) 3
third, fourth or fifth (additional) 2
Loss of leg at or above 70
knee Loss of leg below 40
knee Loss of foot 40
Loss of toes
all 15
great, both phalanges 5
great, one phalanx 2
other than great, if more than one toe lost, for each 1
Loss of eye
eye out 30
sight of 30
lens of 30
sight of, except perception of light 30
Loss of hearing
both 50
ears one 7
ear
Total permanent loss of use of member shall be treated as loss of member.
The percentage of incapacity for ankylosis of any joint shall be reckoned as
from 25% to 100% of the incapacity for loss of the part at that joint,
according to whether the joint is ankylosed in a favourable or unfavourable
position.

In the case of a right-handed worker, an injury to the left arm or hand and,
in the case of a left-handed worker, to the right arm or hand shall be rated at
90% of the above percentages.

Where there is a loss of two or more parts of the hand, the percentage of
incapacity shall not be more than for the whole hand.

Where there are two or more injuries, the sum of the percentages for such
injuries may be increased, and, where such injuries are to the hand, the
following basis of computing the increase shall be adopted-
8410 Cap. 233.] Workers Compensation Act

(a) where two digits have been injured, the sum total of the
percentages shall be increased by 20% of such sum total;
(b) where three digits have been injured, the sum total of the
percentages shall be increased by 30% of such sum total;
(c) where four digits have been injured, the sum total of the
percentages shall be increased by 40% of such sum total.

A one-eyed worker who, on entering employment, has failed to disclose

the fact that he or she is one-eyed to his or her employer shall, if he or she
loses the remaining eye, be entitled to compensation in respect of a degree
of disablement of 30% only.

For the purpose of this Schedule, a one-eyed worker means a worker who
has lost the sight of one eye.

History: Act 8/2000; S.I. 72/2000; Cap. 225 (Revised Edition, 2000)

Cross References

Arbitration and Conciliation Act, Cap. 5

Industrial Relations Charter, 1964
Insolvency Act, Cap. 108
Magistrates Courts Act, Cap. 19
Medical and Dental Practitioners Act, Cap. 300