Photo: ScheWo, Wikimedia Commons, CC BY-SA 4.0Workers' compensation in Malawi
What the employer owes and how to claim
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What compensation pays
| Situation | Compensation | Section |
|---|---|---|
| Death, dependants wholly dependent on the earnings | 42 × monthly earnings at the time of the injury | 7(1)(a) |
| Death, no dependants | Reasonable medical and burial expenses, paid by the employer and recoverable from the Fund | 7(1)(b), 7(2) |
| Permanent total incapacity | 54 × monthly earnings; more from the Fund if constant help of another person is needed | 8 |
| Permanent partial incapacity | The First Schedule percentage of the permanent total amount (e.g. hand at wrist 50%, one eye 30%) | 9 |
| Medical aid | Reasonable medical expenses in Malawi (abroad with the Board's approval), up to a prescribed amount | 14 |
| Injury keeping the worker off full wages for less than 7 days | No compensation | 4(2)(a) |
Work out an amount: workers' compensation calculator. All amounts are subject to any maximum the Minister prescribes by order (section 10).
How a claim works
- The worker (or someone on his behalf, including a Labour Officer) gives notice of the injury to the Workers' Compensation Board as soon as practicable, before leaving that employment (section 23).
- The employer reports to the Board, within 21 days, every injury that kills or may kill, may cause permanent incapacity, or keeps the worker off normal work for more than 14 days, and every death of a worker (section 24). Failing to report without reasonable cause is an offence (fine K20,000), but it does not stop the worker's claim.
- The worker submits to a free medical examination by a practitioner named by the employer, if offered within seven days of the notice (section 25).
- The application for compensation is made within 12 months of the injury, or of the death (section 23). The Limitations Act does not apply to these claims (section 69(2)).
- Disputes go to the Workers' Compensation Tribunal; its decision is final except for an appeal to the High Court on a point of law (section 56).
Text: Workers' Compensation Act, Cap. 55:03, consolidated version of 31 December 2014.
The Workers' Compensation Fund
The Fund is fed by the assessments every employer pays, including the Government (sections 57 and 61), and pays compensation on the employer's behalf where the employer has paid its assessment (section 5). The amount of assessments is set by regulations of the Minister on the advice of the Board (section 61(2)). Where someone other than the employer caused the injury, the worker may sue that person, but may not recover both damages and compensation in full (section 62).
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Frequently asked questions
How long do I have to claim workers' compensation in Malawi?
The application must be made within twelve months of the injury, or of the death (Workers' Compensation Act, section 23). Give notice of the injury to the Workers' Compensation Board as soon as practicable.
How much is workers' compensation for a death in Malawi?
42 times the worker's monthly earnings at the time of the injury, for dependants who were wholly dependent on those earnings (section 7(1)(a)), subject to any maximum prescribed by the Minister.
Does the employer pay medical bills after a work accident?
Yes: reasonable medical expenses in Malawi, in addition to compensation, up to the amount prescribed (section 14).