Section 25: Industrial injury allowance

25. Industrial injury allowance (1) Subject to subsection (3), where an employee suffers industrial injury which results in temporary total incapacity for work, he shall be entitled to an industrial injury allowance. (2) The industrial injury allowance shall be equal to 80 per cent of the employee’s monthly earnings. (3) An industrial injury allowance shall not be paid in respect of the first 2 weeks of each period of incapacity. (4) Subject to subsection (6), where an industrial injury allowance is not payable under subsection (3) to an employee who has suffered industrial injury, his employer shall, within 2 weeks of receiving medical evidence of the incapacity, pay him a compensation for the whole period of the incapacity at the same rate that he was being remunerated at the time the industrial injury occurred. (5) Where an employee suffers industrial injury which results in total or partial temporary incapacity for work for a period not exceeding 2 weeks, his employer shall within 2 weeks of receiving a claim pay to him a sum equal to the reasonable expenses not exceeding 400 rupees incurred in respect of medical and surgical attendances, first aid, physiotherapy and other essential treatment, which are rendered necessary as a result of the industrial injury. (6) The compensation under subsection (4) shall be paid for the whole period of total temporary incapacity irrespective of the fact that the whole or part of this period falls after the day on which the employment of the employee is terminated. N21 – 17 [Issue 2] National Pensions Act (7) (a) The industrial injury allowance shall cease to be payable as from the date the employee is found to be disabled by a medical officer or a Medical Board appointed under section 34 or the Medical Tribunal established under section 36, as the case may be. (b) Paragraph (a) shall not apply where the medical officer, the Medical Board or the Medical Tribunal is satisfied that there has been a deterioration in the medical condition of the employee. (8) Notwithstanding subsection (7), no industrial injury allowance shall be payable in any circumstances after a period of 36 months from the date on which the industrial injury occurred, except where a surgical intervention has to be performed after this period. [S. 25 amended by Act 18 of 1987; Reprinted by Reprint 3 of 1990; Act 7 of 1990.]