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Employment and School Accidents
Employment and School Accidents
COMPENSATION FOR EMPLOYMENT AND SCHOOL ACCIDENTS
From
0
1 January 2019
all workers may now be compensated for injuries and deaths as a result of an accident arising out of and in the course of employment, and pupils will be compensated for accidents occurring on any school premises, on a no-fault basis by the Accident Compensation Commission, Fiji (ACCF).
Employment Accidents
Who is Entitled to Claim Compensation for Employment Accidents?
All workers will be entitled to compensation for injuries as a result of an accident arising out of and in the course of employment from 01 January 2019. This includes any incident that causes a prescribed disease. In the case of the death of a worker their personal representative is entitled to make an application on the deceased worker’s behalf.
A “worker” means any person who has entered into or works under a contract of service or apprenticeship with an employer. You can contact ACCF for the full scope of the definition of a worker.
How Much Compensation is Payable?
The following amounts of compensation are payable:
Permanent Partial Incapacity $75,000.00 (Maximum)
Permanent Total Incapacity $150,000.00 (Maximum)
Any other cases (other than the above) $75,000.00 (Maximum)
Death $75,000.00 (Maximum)
If there is an entitlement to compensation, payment will be made by ACCF.
What Duties Do Employers Have?
Duty To Report
If a worker suffers any personal injury as a result of an accident arising out of and in the course of employment, the worker’s employer must report the accident and injury to the Permanent Secretary responsible for employment, and ACCF within
14
days from the date that the employer becomes aware of the accident and injury.
If a worker dies as a result of an accident arising out of and in the course of employment, the worker’s employer must report the death of the worker to the Permanent Secretary responsible for employment, and ACCF within
7
days from the date that the employer becomes aware of the accident and death.
Duty To Pay Two-Thirds Weekly Earnings
If a worker suffers any personal injury as a result of an accident arising out of and in the course of employment, the worker’s employer must pay the worker a weekly payment of two-thirds of the weekly earnings which the worker was earning at the time of the accident.
The maximum duration of two-thirds weekly payments must not exceed 260 weeks. It is the employer’s duty to make these payments.
Do Employers Have to Pay a Levy to ACCF?
No. Funding for the scheme is being sourced from the 1% FNU levy so employers do not need to pay anything to ACCF. They just need to continue to pay their FNU levy and must obtain a Compliance Letter from the Levy & Grants Department at FNU even if exempted. For any queries in respect of the FNU levy and Compliance Letter please contact the following; Ms. Gurmindar Singh on 3389277/9918078 and Ms. Motofaga Itautoka 3389274/9990855 or email to
EveryoneLevy@fnu.ac.fj
. The office is Located at Fiji National University, Lot 1 Beaumont Road, Narere, Nasinu.
What if There is an Employment Accident Before 01 January 2019?
Workers will need to pursue their application for compensation with their Employer and the Workers' Compensation team at the Ministry of Employment, Productivity, and Industrial Relations.
School Accidents
Who is Entitled to Claim Compensation for School Accidents?
From 01 January 2019 all pupils will be entitled to compensation for injuries as a result of an accident occurring on any school premises or during a school event or activity. In the case of the death of a pupil their personal representative is entitled to make an application on the deceased pupil’s behalf.
How Much Compensation is Payable?
The compensation amounts for school accidents are the same as employment accidents.
Controlling Authority’s Duty to Report
If a pupil suffers any personal injury as a result of a school accident, the controlling authority of the school must report the school accident and injury to the Permanent Secretary responsible for education and ACCF within
14
days from the date that the controlling authority becomes aware of the school accident and injury.
If a pupil dies as a result of a school accident, the controlling authority of the school must report the death of the pupil to the Permanent Secretary responsible for education and ACCF within
7
days from the date that the controlling authority becomes aware of the school accident and death.
For further details regarding Employment and School accidents you can email
accfclaims@ihl.com.fj
or phone 3235990.