Past version: effective from 11/02/2016 - 10/02/2016
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PERMANENT DISABILITIES / DISMEMBERMENT / INJURIES
|Nature of permanent/disability/dismemberment/injuries||Maximum Percentage Payable|
|Total loss of sight in both eyes or loss of two eyes||100|
|Total loss of both arms||100|
|Total loss of both hands||100|
|Total loss of both legs||100|
|Total loss of both feet||100|
|Total loss of one arm and one leg||100|
|Total loss of one hand and one foot||100|
|Mental incapacity as a result of an accident, making the individual incapable of carrying on any kind of work||100|
|Wounds and injuries to the head or brain which cause continuous headache||100|
|Total deformation of the face||100|
|Injuries and wounds to the chest and internal organs which cause a continuous and complete deficiency in the function of these organs||100|
|Total deafness in both ears||100|
|Total deafness in one ear||50|
|Loss of voice||50|
|Total loss of tongue||100|
|Loss of sexual organ||100|
|Total loss of one arm or one hand||65|
|Total loss of movement of one shoulder||25|
|Total loss of movement of one elbow||20|
|Total loss of movement of one wrist||20|
|Total loss of one thumb||20|
|Total loss of one index finger||15|
|Total loss of one finger other than the thumb or the index finger||10|
|Total loss of one leg or one foot||50|
|Partial amputation of one foot including the toes||35|
|Unhealed fracture of one leg or one foot||35|
|Unhealed fracture of one kneecap||30|
|Total loss of movement of one hip or one knee||20|
|Shortening of one lower limb by a least 5 centimeters||15|
|Total loss of one big toe||10|
|Total loss of one toe other than the big toe||3|
|Loss of one tooth||3|
(a) The percentages specified above are the maximum percentages payable for a particular injury and the Court shall award the Employee such compensation (up to such maximum percentages) as the Court considers just and equitable in all the circumstances.
(b) Where the injuries fall within more than one category above the percentages may be aggregated and for the avoidance of doubt may come to more than 100%.
(c) Total loss may be the result of amputation or excision.
(d) Total loss may also consist of a permanent total disability in the functions of that part of the body or organ resulting in a total loss of use of the relevant part of the body or organ. A medical report must support such finding of total loss.
(e) Compensation may be paid in respect of any partial or less serious disability or injury to any of the parts of the body or organ mentioned in the above list according to the level of seriousness or the disability or injury measured as a percentage of loss of use. The percentage of loss of use must be determined by a medical report. Account should be taken of the victim's occupation as regards to the impact the injury will have on his ability to continue working.
(f) Compensation may also be paid in respect of any total or partial or less serious disability or injury to any of the parts of the body or organ not mentioned in the above list. The percentage rate for a total loss of such part of the body or organ will be ascertained by taking into consideration the nearest part of the body or organ in the list. A medical report is required as to the partial loss of use of such part of the body or organ.
(g) For the avoidance of doubt, compensation shall not be awarded by the Court for any injuries suffered by an Employee which are emotional, psychological, or stress- or depression-related in nature in any way.
(h) 100% is the monetary equivalent of twenty four (24) months' basic wages.