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Contents

Long Title

Part I PRELIMINARY

Part II WORKMEN’S COMPENSATION FOR INJURY

Part III MISCELLANEOUS

FIRST SCHEDULE Injured Deemed to Result in Permanent Incapacity

SECOND SCHEDULE Occupational Diseases

THIRD SCHEDULE Amount of Compensation

Legislative History

 
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On 20/05/2013, you requested for the version in force on 20/05/2013 incorporating all amendments published on or before 20/05/2013. The closest version currently available is that of 30/03/1987.
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Method of calculating earnings
8.
—(1)  For the purposes of this Act, the earnings of a workman shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions:
(a)
where the workman has been exclusively employed by the employer who is liable to pay compensation during a continuous period of 12 months or any shorter period immediately preceding the accident, his monthly earnings shall be deemed to be the average amount of his earnings during those 12 months or shorter period, as the case may be;
(b)
where the workman has been exclusively employed by the employer for any period which is less than a month, his monthly earnings shall be deemed to be the earnings he would have received for the whole month;
[Subst. by Act 16/90 wef 01/09/1990]
(c)
where reliable evidence of the earnings of the relevant workman under paragraph (a) or (b) does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of workmen employed on similar work in the same locality at or about the date of the accident.
[Deleted by Act 16/90 wef 01/09/1990]
(2)  Where a workman is employed in the same occupation under contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident.
(3)  For the purposes of this section, a period of service shall be deemed to be continuous if it has not been interrupted by a period of absence from work exceeding 14 days.