Workers' compensation calculator (Malawi)
| Monthly earnings at the time of the injury | MK250,000 |
| Permanent total amount: × 54 (section 8(1)) | MK13,500,000 |
| First Schedule: 50% (section 9(1)(a)) | MK6,750,000 |
What next: how to claim and what employers must do · business insurance in Malawi
Indicative: the Workers' Compensation Commissioner decides the amount, the earnings and any maximum in force. Injuries not in the First Schedule are assessed by the loss of earning capacity. No compensation is due for an injury that stops work for less than seven days (section 4(2)(a)).
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Get the free PDFThe rules the calculator uses
| Section of the Act | Rule |
|---|---|
| 7(1)(a) | Death, dependants wholly dependent on the worker's earnings: 42 times the monthly earnings at the time of the injury, less any permanent incapacity compensation already paid for the same injury. |
| 7(1)(b) | Death, no dependants: the employer pays the reasonable expenses of medical attendance and burial. |
| 8(1) | Permanent total incapacity: 54 times the monthly earnings at the time of the injury. |
| 9(1) | Permanent partial incapacity: the First Schedule percentage of the permanent total amount (or, for an injury not in the Schedule, the percentage of earning capacity lost). |
| 4(2)(a) | No compensation for an injury that keeps the worker from full wages for less than seven days. |
| 10 | Compensation is subject to the maximum amounts the Minister may prescribe by order in the Gazette. |
| 11(1) | Monthly earnings = the rate per month over the previous twelve months with the same employer (or the shorter period worked). |
Text: Workers' Compensation Act, Cap. 55:03, consolidated version of 31 December 2014. Tulinde did not find a maximum order made under section 10 among the sources it could open; the Workers' Compensation Commissioner applies any maximum in force when it decides the claim.
First Schedule: percentages the tool offers
| Injury (First Schedule) | Percentage of incapacity |
|---|---|
| Loss of two limbs; of both hands; of both feet; total loss of sight; total paralysis | 100% |
| Loss of arm at shoulder; loss of leg at or above knee | 70% |
| Loss of leg below knee; loss of arm between elbow and shoulder | 60% |
| Loss of arm at elbow | 55% |
| Loss of hand at wrist; loss of four fingers and thumb on one hand | 50% |
| Total loss of hearing | 50% |
| Loss of foot | 40% |
| Loss of four fingers; loss of thumb | 35% |
| Loss of sight of one eye | 30% |
| Loss of all toes of one foot | 15% |
| Loss of index finger (three phalanges); loss of hearing in one ear | 10% |
Scars and burns that disfigure count from 0 to 50%; total permanent loss of the use of a member counts as loss of the member (First Schedule, notes).
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Frequently asked questions
How is workers' compensation calculated in Malawi?
As a multiple of monthly earnings at the time of the injury: 42 times for a death with dependants, 54 times for permanent total incapacity, and the First Schedule percentage of the 54-month amount for a permanent partial incapacity (Workers' Compensation Act, sections 7 to 9).
How long does a worker have to claim compensation?
Notice of the injury goes to the Workers' Compensation Board as soon as practicable, and the application must be made within twelve months of the injury or of the death (section 23).
Does compensation stop the worker suing someone else?
Where a third party caused the injury, the worker may sue that person but cannot recover both damages and compensation in full; section 62 sets out how the two are combined.