Workmen’s Compensation Act

Workmen's Compensation (Forms) Regulations 1959

[GN 3 of 1960 – 16 January 1960] [Section 42]

1. These regulations may be cited as the Workmen's Compensation (Forms) Regulations 1959.

2. Every application for compensation by an injured workman shall be made in accordance with Form A of the Schedule.

3. Every application for compensation by the dependants of a deceased workman where the death of the workman has resulted from the injury sustained by him shall be made in accordance with Form B of the Schedule.

4. Every employer shall enter in the book kept for that purpose the particulars of every accident which has caused injuries to a workman in his employment, in accordance with Form C of the Schedule.

5. Every notice of an accident required to be given by the employer to the Permanent Secretary under the Workmen's Compensation Act shall be given in accordance with Form D of the Schedule.

6. Every notice of an accident required to be given to the employer by or on behalf of a workman injured under the Workmen's Compensation Act shall be given in accordance with Form E of the Schedule.

_______________

SCHEDULE

[Regulations 2, 3, 4, 5 and 6]

FORM A

THE WORKMEN'S COMPENSATION ACT

APPLICATION BY INJURED WORKMAN FOR COMPENSATION PAYABLE TO HIM

INDUSTRIAL Court

Cause No. ....................

In the matter of an application between –

             ...................................

              Applicant

        and

             ...................................

              Respondent

1. On the ............................. day of ........................... 20 ... personal injury arising out of and in the course of his employment was caused by accident to ..................... a workman employed by ..................................... (or by .................................... a contractor with ................................. for the execution of work undertaken by the respondent).

2. Questions have arisen, e.g.

(a) as to whether the said ..................................... is a workman to whom the Act applies; or

(b) as to the liability of the said ......................................... to pay compensation under the Act in respect of the said injury; or

(c) as to the amount of the compensation payable by the said ......................... to the said ................................. under the Act in respect of the said injury.

3. An application under the Act is hereby made by the said ................................ for the determination of the said questions and for the following relief or order.

4. Particulars are hereto appended.

             ...........................................................

              Signature of Applicant

PARTICULARS

Claimant ........................................................... Age ............................................................

Address .................................................................................................................................

Employer ..............................................................................................................................

Date of accident ...................................................................................................................

State shortly nature and cause of the accident –

Period of incapacity to date ................................................................................................

Degree of incapacity disclosed by medical report .......................................... where the  incapacity is permanent – whether it is total or partial .....................................................

Where the incapacity is temporary – whether it is total or partial .....................................

Average weekly earnings prior to accident ........................................................................

What (if any) payment has been made by the employer ...................................................

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FORM B

THE WORKMEN'S COMPENSATION ACT

APPLICATION ON BEHALF OF THE DEPENDANTS OF A DECEASED WORKMAN
FOR COMPENSATION

INDUSTRIAL COURT

Cause no. ....................

In the matter of an application between –

             ...................................

              Applicant

        and

             ...................................

              Respondent

1. On the ....................................................... day of ......................................... 20... personal injury arising out of and in the course of his employment was caused by accident to ................................... late of ....................................... deceased a workman employed by ............................................. (or by a contractor with for the execution of work undertaken by the respondent) and on the ................................... day of ..............the death of the said .................................................................... resulted from the injury.

2. Questions have arisen –

(a) as to whether the said ........................................... is a workman to whom the Act applies; or

(b) as to the liability of the said ...................................... to pay compensation under the Act to the dependants of the said .................................. in respect of the loss caused to them by the death of the said .....................................; or

(c) as to the amount of compensation payable by the said ............................... to the dependants of the said .............................................. under the Act in respect of the loss caused to them by the death of the said .............................

3. An application under the Act is hereby made by ........................................... the representative of the said .................................. deceased, acting on behalf of the dependants of the said ................................................ against the said ............................ for the determination of the said questions and for the following relief or order.

4. Particulars are hereto appended.

            ........................................................

             Signature of Applicant

PARTICULARS

Name of late workman ........................................................ Age ........................................

Address .................................................................................................................................

Employer ..............................................................................................................................

Date of accident ...................................................................................................................

State shortly nature of injury to deceased and date of death.

Name and address of Applicant .........................................................................................

Average weekly earnings prior to accident .......................................................................

What (if any) payment has been made by the employer ...................................................

What dependants and what degree of dependence ..........................................................

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FORM C

THE WORKMEN'S COMPENSATION ACT

REGISTRATION OF ACCIDENTS

Name and address of injured workman ............................................................................

Sex (Male/female) ................................................................................................................

Date, time and place of accident .........................................................................................

Normal occupation of injured workman ............................................................................

Kind of work on which employed at time of accident .......................................................

Cause and particulars of accident ......................................................................................

Particulars of injury (as known to employer) fatal/non-fatal ...........................................

Rate of wages (state period) ...............................................................................................

Gross earnings per week/month at time of accident ........................................................

Date of engagement of worker ...........................................................................................

Any further particulars .........................................................................................................

......................................................     ......................................................

 Date         Signature of employer

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FORM D

THE WORKMEN'S COMPENSATION ACT

NOTICE OF ACCIDENT TO BE GIVEN BY AN EMPLOYER TO THE PERMANENT
SECRETARY WITHIN 3 DAYS OF THE OCCURRENCE OF AN ACCIDENT
RESULTING IN THE DEATH OF, OR INJURY TO, A WORKMAN IN
HIS EMPLOYMENT UNDER SECTION 14A(3) OF THE ACT

Name and address of employer .........................................................................................

Name and address of injured workman .............................................................................

Sex (Male/female) ..............................................................................................................

Date, time and place of accident .........................................................................................

Normal occupation of injured workman ............................................................................

Kind of work on which employed at time of accident .......................................................

Cause and particulars of accident .......................................................................................

Particulars of injury (as known to employer) fatal/non-fatal ..........................................

Rate of wages (state period) ................................................................................................

Gross earnings per week/month at time of accident ........................................................

Date of engagement of worker ...........................................................................................

Any further particulars .........................................................................................................

This .................................... day of .......................................... 20 ...

...............................................   .......................................................................

Date      Signature of employer

N.B. – The book required by section 14A(1) of the Act to be kept by the employer should also contain the above particulars.

________________

FORM E

THE WORKMEN'S COMPENSATION ACT

NOTICE OF ACCIDENT TO BE GIVEN TO EMPLOYER

To ...........................................................................................................................................

(Name of the employer or principal)

...............................................................................................................................................

(Address)

1.Notice is hereby given that it has been reported that ..............................................

(Full name)

of ...........................................................................................................................................

(Address of workman)

on the .................................... day of ................................... 20... at ................ met with

(Date of accident)    (Place of accident)

an accident causing his ................................................................... and that the cause of

(Incapacity or death)

his injury/death was .............................................................................................................

(State in plain and ordinary terms the cause of the injury or death)

2. And notice is hereby further given that in consequence thereof compensation may be claimed from you under the Workmen's Compensation Act.

.........................

Date

................................................      ...............................................................................

 Address         Signature of person giving the notice

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Workmen's Compensation Regulations 1931

[GN 210 of 1931 – Lane II/465 – 1 December 1931] [Section 42]

PART I – FORMS

1. These regulations may be cited as the Workmen's Compensation
Regulations 1931.

2. In these regulations –

"Act" means the Workmen's Compensation Act.

3. The forms set out in the Schedule shall, where applicable, be used in matters or proceedings before a Magistrate under the Workmen's Compensation Act with such variations and modifications as may be necessary.

4. Non-compliance with this regulation shall not in itself be a ground of objection or exception to an application or answer, but the Clerk of the Court may, subject to review by the Magistrate, refuse to receive or issue any document which is not substantially in accordance with these regulations.

PART II – CLERK OF COURT

5. It shall be the duty of the Clerk of the Court on application –

(a) to fill in and make copies of any form to be used under the Act where a party is unable to read or write or is incapacitated by blindness or other physical cause;

(b) to give information as to matters of form or procedure to any party appearing in person;

(c) to issue every necessary process; and

(d) to draw up any affidavit where an affidavit may be necessary or required under Part V.

6. The Clerk of the Court shall mark, with a separate number, the first document lodged with him by an applicant, and any document lodged subsequently by any party in relation to that application shall first be marked with the same number by the party lodging it, and unless so marked may be refused by the Clerk of the Court.

7. The Clerk of the Court shall –

(a) file under their respective numbers and keep apart from the records of the Court, the records of every application under the Act; and

(b) where duly requested, produce any record for inspection by any party to the proceedings.

8. The Clerk of the Court shall keep –

(a) a book to be called the "Application Record Book" in which he shall enter the names of the parties to every application, the nature of the application, the decision of the Magistrate thereon, the date thereof, and the distinctive number of such application; and

(b) a book to be called "The Register of compensation paid into Court" giving particulars as to the receipt and payment out of moneys paid into Court under section 20 of the Act.

9. The Clerk of the Court shall sign any minute of any Order or appointment made by the Magistrate and any receipt to be given by the Magistrate.

PART III – SERVICE

10. (1) The first document lodged by a party with the Clerk of the Court shall bear such party's full name and address as will enable service of notices and documents to be effected on him by delivery or through the post. Where only one address is given that address shall be deemed to be both an address for delivery and a postal address. A post office box alone shall not be a sufficient address for the purposes of this regulation.

(2) Any such address may be changed by lodging with the Clerk of the Court a notice in duplicate stating fully the new address. Such notice shall, within 24 hours after such lodging, be sent by the Clerk of the Court to the party to be served with it.

(3) Any address lodged by a party in pursuance of this regulation shall remain an address for service of such party from the date of lodging such address until 48 hours after the lodging in the manner prescribed in subparagraph (2) of this paragraph, of a notice of change of address.

11. (1) Except as is otherwise specified in the Act or these regulations, the following provisions shall apply to service of applications, answers, orders, notices, and other documents which by the Act or these regulations are required to be served on any person who resides in Mauritius or who has an address for service in Mauritius or who has authorised a person resident in Mauritius to accept service on his behalf.

(2) Service may be effected by sending, within 24 hours after the document to be served has been lodged with the Clerk of the Court, a copy thereof by registered post to the party to be served at his address for service. Every copy so sent shall, until the contrary is proved or unless and until the copy is returned by the postal authorities, be deemed to have been served on the person to whom it was so addressed at the time at which it would be delivered in the ordinary course of post.

(3) Where a party to an application employs an attorney or agent for the purposes of the application, service upon that party for the purposes of that application may be effected by delivery of the document at the office of the attorney or agent.

(4) Service may be validly effected in any other manner, provided that a receipt stating the date and hour of service signed by the persons to be served or by a person entitled to give such receipt on his behalf be endorsed on the notice or on a copy thereof.

12. Where any respondent to an application does not come within the provision made in paragraph 2 of this regulation or cannot be served in any of the manners provided in that paragraph, the Magistrate may upon application made to him ex parte supported by an affidavit stating the circumstances direct in what manner service shall be effected upon him, including service by newspaper advertisement; and service in accordance with such directions shall be valid and effectual.

13. Save where under the Workmen's Compensation Act or these regulations, service is to be effected by the Clerk of the Court, service shall be effected by or at the instance of the parties.

PART IV – APPLICATIONS

14. An application for the determination of any question in dispute shall not be made unless and until some question has arisen between the parties and such question has not been settled by agreement.

15. Applications for compensation by persons residing in the Dependencies shall be made within 6 months from the occurrence of the accident causin

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