On Christmas Eve, 2018, the Fiji Government Gazette published a notice of commencement for the Workmen’s Compensation (Repeal) Act 2018, along with an amendment to the Schedule for the Accident Compensation Act adding accidents arising out of and in the course of employment and accidents occurring on school premises or during school events to those covered by the Accident Compensation Act.

In July 2018 we provided an update on the Workmen's Compensation (Repeal) Act which can be found here - this update explained how it would work but it is important for employers and schools to understand the legal implications of the new Act and Regulations.

In this commercial law update we provide a brief update on the effect of the new law and regulations.

 Effective 1 January 2019, the new accident compensation scheme for employment related and school related accidents is now in effect, and regulations (and amendments to existing regulations) have been published that require, amongst other things:

• An injured person, or a person suffering from a prescribed disease, to have an initial medical assessment done before claiming compensation
• Employers to report any injury to or death of a worker to the Permanent Secretary responsible for employment and the Accident Compensation Commission within 14 days of the injury or accident
• Employers to pay an injured worker 2/3rds pay while the injury prevents the injured worker from working (not exceeding, according to the wording of the Regulation) 260 weeks (5 years) up to a sum not exceeding the lump sum amount payable for permanent partial or total disability)
• Disability or death of a worker due to a prescribed disease (there is a schedule of occupational diseases) contracted during employment no more than 24 months prior to the disability or death, are also covered by the Accident Compensation Act
• Any dispute by the Employer is to be filed with the Permanent Secretary
• Schools must report any injuries to or death of pupils occurring during school hours or at a school event or activity to the Permanent Secretary for education and the Commission within 14 days.

Our firm continues to review the new Act and Regulations and will provide further updates in due course.

For more information please contact: Mary Muir - mary@sas.com.fj

Please note this commercial law update is provided for general information purposes only and it is not and should not be taken as legal advice. Legal advice should be sought on any individual matter.