Organization : Social Security & Housing Finance Corporation
Type of Facility : Industrial Injuries Compensation Fund (IICF)
Country: Gambia
Website : http://www.sshfc.gm/iicf.html
Industrial Injuries Compensation Fund (IICF) :
In June 1990 the Government of The Gambia passed into law the Injuries Compensation Act. This effectively improved on and replaced the Workman’s Compensation Act of 1940.
Related : Social Security & Housing Finance Corporation National Provident Fund NPF Gambia : www.statusin.org/8842.html
However, it was not until in July 1996 that the new scheme was formally launched introducing a social insurance scheme for protection against employment injury.
Application:
The Act establishing the Industrial Injuries Compensation Scheme applies to all employers and workers in:
** Government
** Public enterprises
** Local Government authorities, and
** Private Sector
Exemption:
The Industrial Injuries Compensation Act does not apply to:
** Casual workers on piece meal contracts
** Domestic workers
** Members of employer’s family dwelling in employer’s house
** Out Workers
Registration:
All employers mentioned above must ensure that all their workers are covered under the scheme.
Registration forms must be filled in respect of all such workers. However, there is no need to complete registration forms for workers who are already registered with either the Provident or Pension Fund, as the information required under the Injuries Compensation Scheme is already available to SSHFC with either the Provident or Pension Fund, although it is advisable that it be updated periodically especially when one’s family circumstances change.
Contributions:
The Act requires employers to pay the entire contribution each month on behalf of their workers.
At present the contribution rate is 1% of total earnings. That is salary plus all other allowances subject to a maximum contribution ceiling of D15.00. However, if a worker’s total earnings exceed D1500 per month, the contribution payable is limited to D15.00. Note that the entire contribution shall be borne by the employer. Nothing shall be deducted from the earnings of the workers.
Temporary Incapacity:
In case of temporary incapacity compensation is paid for a period of 6 months.
With total temporary incapacity 60% of earnings are paid for a period of 6 months.
With partial temporary incapacity and injured worker receives 60% of difference between pre-accident and post-accident wage of worker or wage determined by the Commissioner of Injuries whichever is greater.
Damages Awarded By The Courts:
When the injury for which compensation is payable under the Act, the circumstances of which make the employer legally liable, such that the workman may recover damages in an action at law, such workman may regardless of the Injuries Compensation Act pursue and recover damages from the courts.
However, recovery of damages from the courts is a bar to payment of compensation under this Act unless and until fifty percent (50%) of the amount of such damages is paid by the court or by the workman or some person acting on behalf of the Injured workman to the Injuries Compensation Fund.
When a claim is received for damages by any court, that court shall notify the Commissioner of such claim.
Within 14 days of receipt of such notification the Commissioner shall if satisfied that compensation under this Act is being paid to the claimant, notify the court of law of that fact.
Where a court is in receipt of notification by the Commissioner and subsequently makes an award of damages in respect of the claim to which such notification relates, the court shall order the person liable to pay such damages, to pay 50% of such damages to the claimant and 50% to the Injuries Compensation Fund.