Section 5Part 2 — Compensation
Amount of compensation
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Subject to this Law, the amount of compensation shall be —
where death results from the injury and —
the workman leaves a dependent or dependants wholly dependent upon his earnings, a sum equal to thirty-six months’ wages or one thousand five hundred dollars, whichever is less;
the workman does not leave a dependent or dependants wholly dependent upon his earnings, but leaves a dependent or dependants in part so dependent, such sum not exceeding the amount of compensation payable under the preceding sub-paragraph as may be agreed upon, or in default of agreement as may be awarded by the Court to be reasonable and proportionate to the injury to the said dependent or dependants;
where permanent total incapacity results from the injury —
in the case of an adult, a sum equal to forty-eight months’ wages or two thousand dollars, whichever is less; and,
in the case of a minor, a sum equal to ninety-six months’ wages or two thousand dollars, whichever is less: Provided that the amount of compensation payable under sub-paragraph (i) or (ii) of this paragraph shall in no case be less than one thousand dollars.
where permanent partial incapacity results from the injury —
in the case of an injury specified in the Schedule, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and
in the case of an injury not specified in the Schedule, such percentage of the compensation payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury, where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated, but not so in any case as to exceed the amount which would have been payable if permanent total incapacity had resulted from the injuries;
where temporary incapacity, whether total or partial, results from the injury, a half-monthly payment payable in the case of a daily paid workman on the sixteenth day from the date of the incapacity and in the case of a workman other than a daily paid workman on the sixteenth day from the day in respect of which he has last been paid wages by his employer or the twenty-third day from the date of the incapacity, whichever is the earlier, and thereafter half-monthly during the incapacity or during the period of five years, whichever period is shorter —
in the case of an adult of a sum equal to one-third of his monthly wages; or
in the case of a minor of a sum equal to one-third of his monthly wages or, after he has attained the age of seventeen years, to one-half of his monthly wages.
In fixing the amount of any compensation the Court shall have regard to any payment, allowance or benefit which the workman may have received from the employer after the date of the accident, and no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly wages of the workman before the accident exceeds half the amount of such wages as he is earning or is able to earn in some suitable employment or business after the accident.
On the ceasing of the incapacity before the date on which any half-monthly payment falls due, there shall be payable in respect of that half month a sum proportionate to the duration of the incapacity in that half month.