Amount of compensation

(1) Subject to this Act, the amount of compensation shall be as follows, (a) where death results from the injury and, (i) the workman leaves a dependant or dependants wholly dependant upon his earnings, a sum equal to forty-two months wages with a minimum of two thousand seven hundred and fifty dollars and a maximum of five thousand five hundred dollars; (ii) the workman does not leave a dependant or dependants wholly dependant upon his earnings but leaves a dependant or dependants in part so dependent, such sum not exceeding the of compensation payable under the preceding subparagraph as may be agreed upon, or in default of 16 agreement as may be awarded by the to be reasonable and proportionate to the injury to the said dependant or dependants; (b) where permanent total incapacity results from the injury, (i) in the case of an adult, a sum equal to fifty-four months wages with a minimum of three thousand six hundred and fifty dollars and a maximum of seven thousand three hundred dollars; (ii) in the case of a minor, a sum equal to one hundred and eight months’ wages with a minimum of three thousand six hundred and fifty dollars and a maximum of seven thousand three hundred dollars; (c) where permanent partial incapacity results from the injury, (i) in the case of an injury specified in the First Schedule a percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by the injury; and (ii) in the case of an injury not specified in the First Schedule, a percentage of the compensation payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury, Provided that such compensation may be increased having regard to the nature of the injury sustained in relation to the workman’s type of work and other circumstances. Where more injuries than one are caused by the same accident, the amount of compensation payable under this head shall be aggregated, but not so in any case as to exceed the amount which would have been payable if total incapacity had resulted from the (d) where temporary incapacity, whether total or partial, results from the injury, a periodic payment payable within five days, if practicable, but in any case not later than sixteen days from the date of incapacity (and thereafter at regular intervals corresponding to the normal intervals of pay during the incapacity or during a period of five years, whichever is shorter) based on the following scales- (i) where the workman’s wages are fifty- five dollars a month or less, one hundred per centum of the full wages of a month; (ii) where the workman’s wages exceed fifty-five dollars a month but do not exceed seventy dollars a month, fifty- five dollars; (iii) where the workman’s wages exceed seventy dollars a month but do not exceed eighty-five dollars a month, seventy dollars; 18 (iv) where the workman’s wages exceed eighty-five dollars a month fifty per centum of the full wages of a month with a minimum of eighty dollars. (2) The period of the incapacity shall be deemed to commence on the day of the accident. (3) In the event of death or permanent incapacity, total or partial, following temporary incapacity, any lump sum payable in respect of the death or permanent incapacity may be reduced by the amount of any periodic payments made in respect of and during temporary incapacity, provided that such reduction shall not exceed half of any such lump sum. (4) No periodic payment shall in any case exceed the difference between the amount of the wages of the workman before the accident and the amount of his wages as he is earning or is able to earn during the period of incapacity in some suitable employment or business after the accident. (5) On the ceasing of the incapacity before the date on which any periodic payment falls due, there shall be payable in respect of that period a sum proportionate to the duration of the incapacity in that period.