Photo: NanaYawBotar, Wikimedia Commons, CC BY-SA 4.0Workmen's compensation in Ghana
What the employer owes after a work injury
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What the employer pays
| Outcome | Compensation | Section |
|---|---|---|
| Death, employee leaves dependants | 60 months' earnings (less compensation already paid under ss. 5–7) + medical expenses + burial expenses | 3 |
| Death, no dependants | Medical expenses + burial expenses as required by custom | 3(1)(b)–(c) |
| Permanent total incapacity | 96 months' earnings | 5 |
| Permanent partial incapacity | The Third Schedule percentage of 96 months' earnings (or a percentage proportionate to the loss of earning capacity) | 6 |
| Temporary incapacity | The difference between earnings before and after the accident, for at most 24 months (6 more if the chief labour officer directs) | 7 |
| Any injury | Medical expenses; no reduction of earnings during treatment | 2(2), 4 |
Text: Workmen's Compensation Act, 1987, revised edition. Monthly earnings are worked out from the previous twelve months with the same employer (section 9). Work it out with the workmen's compensation calculator.
The schedule of injuries (extract)
| Injury (Third Schedule, extract) | Percentage of incapacity |
|---|---|
| Loss of two limbs, of both hands, of both feet; total loss of sight; total paralysis; permanently bed-ridden | 100% |
| Loss of arm at shoulder | 100% |
| Loss of arm between elbow and shoulder | 80% |
| Loss of arm at elbow, or between wrist and elbow | 70% |
| Loss of four fingers and thumb of one hand | 70% |
| Loss of four fingers of one hand | 50% |
| Loss of thumb, both phalanges | 35% |
| Loss of leg at or above knee | 75% |
| Loss of leg below knee | 60% |
| Loss of foot | 40% |
| Loss of sight of one eye | 40% |
| Loss of toes, all on one foot | 20% |
| Loss of hearing of one ear | 15% |
| Fracture of upper or lower jaw | 25% |
Third Schedule of the Act. Total permanent loss of the use of a member counts as loss of the member; permanent partial loss of use is rated at 50% of the percentage for total loss. For a right-handed employee an injury to the left arm or hand (and the reverse for a left-handed employee) is rated at 90% of the percentage.
Deadlines and exclusions
- Notice of the accident: within six months of the injury and before the employee voluntarily leaves the job; application for compensation: within six months (on a death, six months from the death) — section 12. A late or defective notice is not fatal if the employer knew of the accident or the delay had a reasonable cause.
- Death of an employee: the employer notifies the nearest labour officer within three months (section 13).
- Payment: within three months of the employer receiving the labour officer's notification of the amount (section 35).
- Not compensated: injury attributable to drink or drugs, deliberate self-injury, or an injury the employee knowingly concealed (section 2).
- No contracting out: an agreement by which an employee gives up the right to compensation is void (section 26).
Insuring the liability
The Act makes the employer liable; it does not itself oblige the employer to insure, and workmen's compensation is not among the compulsory insurances listed in the Second Schedule of the Insurance Act, 2021. Employers who insure do so through employer-related liability cover, which the NIC lists among liability insurances (NIC insurance products). If an insured company is wound up, its rights against the insurer pass to the injured employee (section 25 of the Workmen's Compensation Act).
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Frequently asked questions
How much is workmen's compensation for death in Ghana?
60 months' earnings if the employee leaves dependants, plus medical and burial expenses (section 3 of the Workmen's Compensation Act, 1987).
How much for permanent total incapacity?
96 months' earnings (section 5).
What is the deadline to claim workmen's compensation?
Notice of the accident within six months of the injury, and the application within six months (six months from death in a fatal case), section 12.
Is workmen's compensation insurance compulsory in Ghana?
The Act makes the employer liable to pay; it does not require insurance, and it is not in the Insurance Act's list of compulsory insurances. Many employers insure the liability.