What do I do if I am injured during the course of work?

When you are injured at work, you are required to give notice of the injury to your employer. The notice must be made within six(6) months of the injury or within six(6) months from the time of death.

Who will do the assessment of my injury?

The assessment of the injury should be done by a medical officer, and your employer is obliged to pay compensation commensurate to the injury.

Would I suffer loss of income while I am receiving treatment for my injuries?

You should not suffer loss of income while you are receiving treatment for your injuries.

Under the the Workmen’s Compensation Law , your employer is mandated to pay your earnings while undergoing treatment for the injuries you sustained in a work- related accident.

Would I be entitled to compensation if I am injured during the course of work?

Yes, once all work-related injuries are assessed by a medical officer, you will be entitled to compensation depending on the level of incapacity.

What if the injury I sustained at work was self-inflicted?

If your injury is self-inflicted, you are not entitled to any compensation.

What do I do if my employment is terminated before I recover?

Your employer by law cannot terminate your employment before you fully recover. You can take legal action against your employer

Who pays my medical expenses while I am injured?

Your employer should pay for all medical expenses.

Which persons are entitled to compensation if I am injured?

Compensation is payable to you, however, if the injury results in death, compensation would be paid to your dependants.

What happens if my dependant(s) die before my claim for compensation is made, or my dependant(s) die during my claim for compensation?

In the event your dependant dies before your claim for compensation or dies during your claim for compensation, the dependant would not be entitled to compensation.

Can I use my own medical doctor to examine and treat my injuries?

Yes, you can, as long you have approval from your employer.

It is always advisable to get legal representation when making a claim for compensation, or in the event you want to take any legal action against your employer.

However it is not always the case that a claim for compensation for injury at work succeeds in court, especially where the claimant has been insincere.

Robert worked as a mechanic and service supervisor with Gulf Mining at Kalasaka, Burkina Faso. On 28th October 2013, he was on board his employer’s  vehicle, LV 185. The vehicle was not driven by Robert .It was being driven by the his co-worker.

He was  injured and was admitted at the Polyclinique Notre Dameda La Paix in Ouagadougou, Burkina Faso for treatment. He was operated upon his broken right hand and a osteosynthesis material (metal plate) was inserted to hold the broken bone.

He had to return to Ghana where he was ordinarily resident to receive further medical treatment. While  recuperating, he continued to enjoy the benefits due him under the contract engagement.

He was attended to by medical officials at West African Rescue Association (WARA) in Ghana and received good medical care and attention.

A doctor from West African Rescue Association (WARA) informed the employer of  his progress. After a specialist surgeon (orthopaedic) assessed him, it was his expert opinion that the implant should not be removed since the removal could carry significant risk. Thus, the orthopaedic surgeon decided against the removal and Robert was in agreement with the expert advice.

He was due to be disengaged but on account of his state then, the decision was suspended pending substantial recovery.

Robert  filed a suit against his employers  that while he was undergoing medical treatment, he had not been declared medically fit before the termination of his employment.  He claimed for compensation under  38 Workmen’s Compensation Law (PNDCL 187). During the trial, he and his employers had legal  representation.

During the trial, two medical reports were produced in court that declared him fit to resume work before his employment was terminated due to unavailability of work.

He  failed to provide any independent report to dispute the two previous medical reports assessing the status of his incapacity.

He  failed to prove that his employment was terminated before he was declared medically fit to resume work.