Workmen’s Compensation (Amendment) Act 2022

This Act may be cited as the Workmen’s

Compensation (Amendment) Act, No. 10 of 2022.

The long title to the Workmen’s Compensation

Ordinance (Chapter 139) (hereinafter in this Act referred to as the “principal enactment”) is hereby amended by the substitution, for the words “who are injured in the course of their employment.” of the words “who are injured in the course of their employment or while coming from their place of residence to the work place or while returing back to their place of residence from the work place.”.

Section 2 of the principal enactment is hereby amended by the insertion immediately after the definition of the expression “partial disablement” of the following definition:–

““place of residence” includes any permanent place of residence of a workman or a boarding house or any other place where a workman resides temporarily for the purpose of coming to his workplace;”.

Section 3 of the principal enactment is hereby amended by the substitution for the words “in the course of his employment,” of the words “in the course of his employment or by an accident took place while coming from his place of residence to the work place or while returning back to his place of residence from the work place,”.

Section 4 of the principal enactment is hereby amended by the substitution for the words “in the course of his employment.” of the words “in the course of his employment or while coming from his place of residence to the work place or while returning back to his place of residence from the work place.”.

Section 5 of the principal enactment is hereby amended by the substitution for the words “in the course of his employment,” of the words “in the course of his employment or by an accident took place while coming from his place of residence to the work place, or while returning back to his place of residence from the work place.”.

The following new section is hereby inserted immediately after section 6 of the principal enactment and shall have effect as section 6A of that enactment:–

6A. Notwithstanding anything contained in section 6, in the case of permanent or partial disablement, the nature of employment of a workman in relation to any injury shall be taken into consideration in calculating the amount of compensation. Such compensation shall be based on the medical report issued by the relevant doctor.”.

Section 7 of the principal enactment is hereby amended in subsection (1) of that section by the insertion immediately after paragraph (c) thereof of the following paragraph:–

“(d) in the case of a daily paid or piece rated workman, the monthly wages of scuh workman shall be the aggregate of earnings of daily payments or piece rates for the last twelve months during which such

“The nature of employment to be taken into consideration in calculating the amount of compensation workman has been in service immediately preceding the accident, divided by twelve and again divided by twenty five.”.

Section 11 of the principal enactment is hereby amended in the proviso to subsection (1), by the substitution for the words “not exceeding an aggregate of ten thousand rupees,” of the words “not exceeding an aggregate of twenty thousand rupees,”.

Section 12 of the principal enactment is hereby amended by the repeal of subsection (1) and the substitution therefor of the following:–

“(1) On the deposit of any money under section 11 as compensation in respect of a deceased workman, the

Commissioner shall deduct therefrom the actual cost of the workman’s funeral expenses to an amount not exceeding one hundred thousand rupees and pay the same to the person by whom such expenses were incurred.

The Commissioner shall cause a notice to be served on each dependent of the deceased resident in

Secution 16 of the principal enactment is hereby amended in subsection (1), by the substitution for the words

“within two years of the occurrence of the accident” of the words “within two years of the occurrence of the accident or in case of death, within two years from the date of death.”.

Section 18 of the principal enactment is hereby amended as follows:–

in subsection (2) thereof, by the substitution for the words “fine not exceeding five hundred rupees.” of the words “fine not exceeding one hundred thousand rupees.”;

immediately after subsection (2), by the insertion of the following:–

Section 20 of the principal enactment is hereby amended as follows:–

in subsection (1) thereof by the substitution for the words “in the course of his employment,” of the words “in the course of his employment or while coming from his place of residence to the work place or while returning back to his place of residence from the work place,”;

immediately after subsection (4) thereof, by the insertion of the following:–

Section 23A of the principal enactment is hereby repealed and the following new section is substituted thererfor:–

23A. Any employer who, being liable to pay any sum due as compensation to a workman or his heirs, as the case may be, under this Act, fails or defaults to pay that sum, on or before the due date, he shall be liable to pay to that workman or his heirs, as the case amy be, in addition to the sum due as compensation, a surcharge on that sum calculated in the following manner:–

where the payment of the compensation has been in arrears for a period not exceeding one month from the due date, a surcharge of ten per centum of the sum due as compensation;

where the payment of the compensation has been in arrears for a period exceeding one month but not exceeding three months from the due date, a surcharge of fifteen per centum of the sum due as compensation;

where the payment of the compensation has been in arrears for a period exceeding three months but not exceeding six months from the due date, a surcharge of twenty per centum of the sum due as compensation;

where the payment of the compensation has been in arrears for a period exceeding six months but not exceeding twelve months from the due date, a surcharge of twenty-five per centum of the sum due as compensation; or

where the payment of the compensation has been in arrears for a period exceeding twelve months from the due date, a surcharge of thirty per centum of the sum due as compensation.”.

The following new section is hereby inserted immediately after section 27 of the principal enactment and shall have effect as section 27A of that enactment:–

27A. There shall be appointed by the

Judicial Service Commission, a Registrar of

Workmen’s Compensation for the purpose of this Act.”.

Section 41 of the principal enactment is hereby amended by the repeal of subsection (2) and the substitution therefor of the following:–

“(2) If any sum referred to in subsection (1) cannot be recovered in the manner specified in that subsection, the Commissioner may make an order for the recovery of such sum by the seizure or sale of immovable property of the defaulter. The registrar of workmen’s compensation, appointed under section 27A, shall execute such order through the registrar of the relevant Disrtict Court within whose jurisdiction such defaulter resides. The provisions

“Appointment of a Registrar of the Civil Procedure Code (Chapter 101) relating to the seizure and sale of immovable property by the Fiscal in the execution of a Writ issued by a court and to the making and adjudication of claims in respect of immovable property seized by the Fiscal shall apply to the seizure and sale of immovable property for the recovery of the sum specified in the Commissioner’s order, made by the Commissioner under this subsection and to the making and adjudication of claims in respect of immovable property seized for the recovery of such sum. For the purpose of application of such provisions the sum so specified shall be deemed to be due on a decree entered by the court and the Commissioner shall be deemed to be the judgment-creditor and the person liable to pay such sum shall be deemed to be a judgment-debtor.”.

Section 44 of the principal enactment is hereby amended by the substitution for the words “fraud or undue influence or other improper means,” of the words “fraud, undue influence or other improper means, or due to the miscalculation or underestimation of the amount of compensation payable to the workman under the memorandum of agreement,”.

Section 45 of the principal enactment is hereby amended in subsection (2) thereof, by the substitution for the words “to a fine not exceeding one thousand rupees.” of the words “to a fine not exceeding one hundred thousand rupees.”.

Section 46 of the principal enactment is hereby amended by the substitution for the words “to a fine not exceeding one hundred rupees.” of the words “to a fine not exceeding one hundred thousand rupees.”.

Section 49 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words “value of one hundred rupees” of the words “value of two thousand rupees”.

Section 52 of the principal enactment is hereby amended by the substitution for the words “The Court of

Appeal”, of the words and figures “The High Court established under Article 154P of the Constitution”.

Section 53 of the principal enactment is hereby amended by the substitution, for the words “by the Court of

Appeal”, of the words and figures “by the High Court established under Article 154P of the Constitution”.

Section 57 of the principal enactment is hereby amended in subsection (1) thereof, by the substitution for the words “in the course of his employment,” of the words

“in the course of his employment or by an accident took place while coming from his place of residence to the work place or while returning back to his place of residence from the work place.”.

Section 59 of the principal enactment is hereby amended by the substitution for the words “in the course of the employment,” of the words “in the course of his employment or by an accident took place while coming from his place of residence to the work place or while returning back to his place of residence from the work place, ”.

Section 60A of the principal enactment is hereby amended by the substitution for the words “in the course of the employment,” of the words “in the course of the employment or by an accident took place while coming from his place of residence to the work place or while returning back to his place of residence from the work place,”.

Schedule I of the principal enactment is hereby repealed and the following Schedule substituted therefor:–

“Schedule I

(section 2)

List of injuiries deemed to result in permanent/partial disablement

Injury

Percentage of loss of earning capacity

Permanent and incurable paralysis of the limbs or injuries resulting in being permanently bedridden 100

Permanent incurable loss of mental capacity resulting in fatal incapacity to work or any other injury causing fatal incapacity to work 100

Eye Injuries

Total loss of sight in both eyes 100

Total loss of sight in one eye 80

Total loss of hearing 80

Total loss of hearing in one ear 50

Total loss of speech 100

Total loss of sense of smell and taste 60

Total loss of sense of smell 60

Total loss of sense of taste 60

Loss of arm at or above elbow 85

Loss of arm at or below elbow 80

Loss of both hands

Loss of hand or loss of thumb and four fingers

Loss of thumb (both phalanges)

Loss of thumb (one phalanx)

Loss of four fingers 80

Three phalanges 50

Two phalanges 40

One phalanx 20

Three phalanges 30

Two phalanges 20

One phalanx

at or above knee 90

at or below knee 80

Loss of both feet 100

Loss of one foot 90

Great toe-both phalanges 40

Great toe-one phalanx 20

Other than great toe, if more than one lost, each 20

Total loss of genitals 75

Partial loss of genital 60

Severe facial scarring or disfigurement 90

Severe bodily disfigurement, other than facial scarring or disfigurement to a maximum of 60

Loss of single tooth 10

Loss of any member or part thereof not mentioned above (e.g. nose, breast, ear etc.)

Schedule IV of the principal enactment is hereby repealed and the following Schedule substituted therefor:–

“Schedule IV

(Section 6)

Amount of Compensation Payable

Monthly wages of the

Death of

Permanent

Half monthly workman injured workman disablement compensation of workman for temporary disablement of workman

Rs.

Rs.

Rs.

Rs.

Rs.

0 10,000 1,140,000 1,200,000 5,000 10,001 12,500 1,180,000 1,240,000 5,625 12,501 15,000 1,220,000 1,280,000 6,875 15,001 17,500 1,260,000 1,320,000 8,125 17,501 20,000 1,300,000 1,360,000 9,375 20,001 22,500 1,340,000 1,400,000 10,625 22,501 25,000 1,380,000 1,440,000 11,875 25,001 27,500 1,420,000 1,480,000 13,125 27,501 30,000 1,460,000 1,520,000 14,375 30,001 35,000 1,510,000 1,570,000 16,250 35,001 40,000 1,560,000 1,630,000 18,750 40,001 45,000 1,610,000 1,680,000 21,250 45,001 50,000 1,660,000 1,730,000 23,750 50,001 55,000 1,710,000 1,780,000 26,250 55,001 60,000 1,760,000 1,830,000 28,750 60,001 70,000 1,820,000 1,890,000 32,500 70,001 80,000 1,880,000 1,960,000 37,500 80,001 90,000 1,940,000 2,000,000 42,500 90,001 100,000 2,000,000 2,000,000 47,500 100,000

and above 2,000,000 2,000,000 47,500

.”.

Replacement of

Schedule IV of the principal enactment

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.