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
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(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.
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(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 Injury | Percentage of Incapacity |
Loss of two limbs | 100 |
Loss of both hands or of all fingers and both thumbs | 100 |
Total loss of sight | 100 |
Total Paralysis | 100 |
Injuries resulting in being bedridden permanently | 100 |
Any other injury causing permanent total disablement | 100 |
Loss of remaining eye by one-eyed workman | 100 |
Loss of remaining arm by one-armed workman | 100 |
Loss of remaining leg by one-legged workman | 100 |
Loss of arm at shoulder | 70 |
Loss of arm between elbow and shoulder | 70 |
Loss of arm at elbow | 70 |
Loss of arm between wrist and elbow | 65 |
Loss of hand at wrist | 60 |
Loss of four fingers and thumb of one hand | 60 |
Loss of four fingers | 35 |
Loss of thumb– | |
Both phalanges | 35 |
One phalanx | 25 |
Loss of index finger– | |
Three phalanges | 10 |
Two phalanges | 8 |
One phalanx | 4 |
Loss of middle finger– | |
Three phalanges | 6 |
Two phalanges | 4 |
One phalanx | 2 |
Loss of ring finger– | |
Three phalanges | 5 |
Two phalanges | 4 |
One phalanx | 2 |
Loss of little finger– | |
Three phalanges | 5 |
Two phalanges | 4 |
One phalanx | 2 |
Loss of metacarpals– | |
First or second (additional) | 3 |
Third, fourth or fifth (additional) | 2 |
Loss of leg at above knee | 70 |
Loss of leg below knee | 50 |
Loss of foot | 50 |
Loss of toes of one foot – | |
All | 20 |
Great, both phalanges | 10 |
Great, one phalanx | 2 |
Other than great, if more than one toe lost ………each | 1 |
Loss of eye– | |
Eye out | 30 |
Sight of | 30 |
Lens of | 30 |
Sight of, except perception of light | 30 |
Loss of hearing– | |
Both ears | 50 |
One ear | 7 |
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 Commission | Full pay. |
PART II
COMPENSATION NOT TO BE AWARDED BY THE COMMISSION
Compensation for death or injury in the following circumstances—
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(a) war, invasion, act of foreign enemy; and
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(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.