Disability / Work Injury Benefit
The legal provisions on work injuries and relevant benefits come from the Workmen’s Compensation Act.
Work injuries may be classified on the basis of their consequences as those resulting in:
- temporary incapacity;
- permanent partial incapacity;
- permanent total incapacity and
- fatal injury leading to death of a worker.
There is no minimum qualifying period for work injury benefits. Accidents that occur while committing to and from work are covered if the transport facility was arranged by the employer.
If the temporary incapacity (total or partial) results from the occupational injury, the compensation is provided as:
- periodic payments, payable at such intervals as may be agreed upon or as the court may order, or
- a lump sum calculated accordingly, while giving due regard to the probable duration and probable changes in the degree of the incapacity.
The maximum amount payable for a temporary incapacity, however, cannot exceed the total amount for permanent incapacity.
In the event of permanent total and partial incapacity, the benefit is paid as a lump sum amount. The amount of benefit in both cases may not exceed 267,200 maloti.
In the event of a worker’s death, there is provision for survivor benefits: a fixed sum is paid. The total amount of benefit may not exceed 240,500 maloti. The amount payable for burial expenses may not exceed 16,700 maloti.
Sources: Workmen’s Compensation Act 1977; Workmen’s Compensation Regulations, 2024
