Photo: Mike Rosenberg (Flickr), Wikimedia Commons, CC BY 2.0Workers' compensation in Zambia (WCFCB)
Claims and employer duties
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What is covered
- An accident or disease arising out of and in the course of employment, causing disablement or death: the worker, or the dependants, are entitled to compensation (section 51(1)).
- It still counts if the worker broke a rule or acted without instructions, as long as the act was for the employer's business (section 51(3)).
- Travel between home and work, in the employer's vehicle or otherwise, counts when the route was reasonably direct (section 51(4)).
- No compensation if the accident is attributable to the worker's serious and wilful misconduct, or for a death more than 12 months after the accident unless the accident caused it (section 51(2)).
- An employer may not contract out of the Act or deduct compensation costs from wages (sections 55 and 56).
Deadlines
| Who | What | Deadline | Section |
|---|---|---|---|
| Worker or dependant | Notice of the accident or disease to the employer | As soon as reasonably possible | 87(1)(a) |
| Employer | Report to the Commissioner, and forward any written notice | Within 3 days of knowing | 88(1) |
| Worker or dependant | Lodge the claim with the Commissioner (or the exempted employer) | Within 12 months of the accident or disease; for a death, 12 months after the death | 87(1)(b), 87(3) |
| Worker on periodical payments | Claim for permanent disablement | Within 12 months after the payments end | 87(2) |
A late or defective claim is not barred if the Fund is not seriously prejudiced, or if the delay was caused by a mistake, absence from Zambia or another reasonable cause (section 87(5)). The NHIMA benefit package excludes work injuries covered by the Workers' Compensation Fund (SI 63 of 2019).
Employer duties
- Give the Commissioner the prescribed particulars of each business within 14 days of starting, and report changes within 14 days (section 134).
- Pay the assessments set by the Board: every employer other than the State and exempted employers is liable (section 110).
- Provide and maintain first-aid appliances (section 99).
- Do not end the contract of a worker during disablement without the Commissioner's consent (section 62).
The Board's website: workers.com.zm, which describes the WCFCB as the Zambian social security scheme compensating workers for workplace accidents and diseases.
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Frequently asked questions
How long do I have to claim workers' compensation in Zambia?
12 months from the accident or the start of the disease, or 12 months from the death (Workers' Compensation Act 1999, section 87). The Commissioner may accept a late claim for a reasonable cause.
Does an accident on the way to work count?
Yes, if you were travelling by a reasonably direct route and with reasonable dispatch, in the opinion of the Commissioner (section 51(4)).
How fast must my employer report an accident?
Within three days of knowing about it (section 88). The report counts as your claim.