Revised Laws of Saint Lucia (2021)

Schedule

(Section 4)

(a)     The Royal Saint Lucia Police Force pursuant to the Police Act, Cap. 14:01.

(b)     The Fire Service pursuant to the Fire Service Act, Cap. 14.04.

(c)     The Correctional Service pursuant to the Correctional Services Act, Cap. 14.02.

(d)     Enforcement Unit of the Customs and Excise Department or the successive unit.

CHAPTER 14.03
PROTECTIVE SERVICES (COMPENSATION) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1.Protective Services (Award of Compensation) Regulations – Section 40

Protective Services (Award of Compensation) Regulations – Section 40

(Statutory Instrument 61/2016)

Statutory Instrument 61/2016 .. in force 23 May 2016

ARRANGEMENT OF REGULATIONS

1.Citation
2.Interpretation
3.Application
4.Permanent total disablement and permanent partial disablement
5.Compensation to be awarded
Schedule 1
Schedule 2

PROTECTIVE SERVICES (AWARD OF COMPENSATION) REGULATIONS – SECTION 40

Commencement [23 May 2016]

1.   Citation

These Regulations may be cited as the Protective Services (Award of Compensation) Regulations.

2.   Interpretation

In these Regulations “Act” means the Protective Services (Compensation) Act.

3.   Application

These Regulations apply to the Commission when making an award of compensation under section 8(2) of the Act.

4.   Permanent total disablement and permanent partial disablement

The injuries specified in Schedule 1 result in permanent total disablement or permanent partial disablement.

5.   Compensation to be awarded
  1.  

    (1)   For the purposes of section 8(2) of the Act, the Commission may make an award of compensation as specified in Part I of Schedule 2.

  1.  

    (2)   Notwithstanding subregulation (1), the Commission shall not award compensation in the circumstances specified in Part II of Schedule 2.

Schedule 1

(Regulation 4)

LIST OF INJURIES RESULTING IN PERMANENT TOTAL DISABLEMENT AND PERMANENT PARTIAL DISABLEMENT
Description of InjuryPercentage of Incapacity
Loss of two limbs100
Loss of both hands or of all fingers and both thumbs100
Total loss of sight100
Total Paralysis100
Injuries resulting in being bedridden permanently100
Any other injury causing permanent total disablement100
Loss of remaining eye by one-eyed workman100
Loss of remaining arm by one-armed workman100
Loss of remaining leg by one-legged workman100
Loss of arm at shoulder70
Loss of arm between elbow and shoulder70
Loss of arm at elbow70
Loss of arm between wrist and elbow65
Loss of hand at wrist60
Loss of four fingers and thumb of one hand60
Loss of four fingers35
Loss of thumb–
Both phalanges35
One phalanx25
Loss of index finger–
Three phalanges10
Two phalanges8
One phalanx4
Loss of middle finger–
Three phalanges6
Two phalanges4
One phalanx2
Loss of ring finger–
Three phalanges5
Two phalanges4
One phalanx2
Loss of little finger–
Three phalanges5
Two phalanges4
One phalanx2
Loss of metacarpals–
First or second (additional)3
Third, fourth or fifth (additional)2
Loss of leg at above knee70
Loss of leg below knee50
Loss of foot50
Loss of toes of one foot –
All20
Great, both phalanges10
Great, one phalanx2
Other than great, if more than one toe lost ………each1
Loss of eye–
Eye out30
Sight of30
Lens of30
Sight of, except perception of light30
Loss of hearing–
Both ears50
One ear7
For the purpose of this Schedule, “one-eyed workman” means a workman who has an eye out, lost the sight of one eye, lost the lens of one eye or lost the sight of one eye except perception of light.
Total percentage loss of use of member shall be treated as loss of member.
The percentage of incapacity for ankylosis of any joint shall be calculated as from 25 to 100% of the incapacity for loss of the part at that joint, according to whether the joint is ankylosed in a favourable or unfavourable position.
In the case of a right-handed workman, any injury to the left arm or hand and, in the case of a left-handed workman, to the right arm or hand shall be rated at 90% of the above percentages.
Where there is a loss of 2 or more parts of the hand, the percentage of incapacity shall not be more than for the whole hand.
Where there are 2 or more injuries, the sum of the percentages for such injuries may be increased, and where such injuries are to the hand, the following basis of computing the increase shall be adopted—
     (a)     Where 2 digits have been injured, the sum total of the percentages shall be increased by 20% of such sum total;
     (b)     Where 3 digits have been injured, the sum total of the percentages shall be increased by 30% of such sum total;
     (c)     Where 4 digits have been injured, the sum total of the percentages shall be increased by 40% of such sum total.
A one-eyed workman who on entering employment has failed to disclose the fact that he or she is one-eyed to his or her employer shall, if he or she loses his or her remaining eye, be entitled to compensation in respect of a degree of disablement or 30% only.
Schedule 2

(Regulation 5)

PART I
COMPENSATION THAT SHOULD BE GRANTED IN RESPECT OF INJURY OR DEATH ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT

(a)     Compensation for death arising out of and in the course of employment     (i)     An amount equal to 3 years' gross salary at the date of death; and
     (ii)     Such entitlement as is provided under the—
     (A)     National Insurance Corporation Act;
     (B)     Police Act;
     (C)     Fire Service Act;
     (D)     Correctional Services Act;
     (E)     Pensions Act; or
     (F)     Any other legislation that may confer benefits relating to personal injury or death of an officer.
(b)     Compensation for permanent total disablement, or permanent partial disablement     (i)     The same percentages of the amount as in paragraph (a)(i) as those included under Schedule 1; and
     (ii)     Such entitlement provided under the—
     (A)     National Insurance Corporation Act;
     (B)     Police Act;
     (C)     Fire Service Act;
     (D)     Correctional Services Act;
     (E)     Pensions Act; or
     (F)     Any other legislation that may confer benefits relating to personal injury or death of an officer.
(c)     All necessary injury leave as may be certified by a medical practitioner approved by the CommissionFull pay.

PART II
COMPENSATION NOT TO BE AWARDED BY THE COMMISSION

Compensation for death or injury in the following circumstances—

  1.  

    (a)     war, invasion, act of foreign enemy; and

  1.  

    (b)     suicide or attempted suicide, venereal disease, the influence or effect (temporary or otherwise) of alcohol, or of drugs not prescribed by a registered medical practitioner.