Workmen’s Compensation Policy
The insured carrying on the business described in the schedule by a proposal and declaration which shall be the basis of this contract has applied ot the ETHIOPIAN INSURANCE CORPORATION for the insurance hereinafter contained and has paid or agreed to pay the Premium.
If at any time during the period of insurance any worker sustain death or bodily injury by accident or occupational diseases occurring at the place assigned to him for work arising from his work during the time of his work and if the Insured shall be liable to pay compensation for such death, bodily injury, or occupational diseases then subject to the terms, exceptions, limitations and conditions contained the corporation will indemnify the Insured against all sums for which the Insured shall be so liable and will in addition be responsible for all costs and expenses incurred with its consent in defending any claim for such compensation.
The Corporation shall not be liable under this policy in respect of:-
- a) liability arising directly or indirectly in consequence of:- war, invasion, act of foreign enemy, hostilities or warlike operations (whether war be declared or not), civil war, mutiny, riots, strikes civil commotions, military or popular rising,
insurrection, rebellion, revolution, or usurped power etc;
- b) any liability directly or indirectly caused by intentional self-injury, suicide, attempted suicide, fighting (except in self-defense), venereal disease, indulgence in drink narcotics or drugs;
- c) while mounting onto or dismounting from or travelling in any aircraft except as a fare-paying passenger over established routes and/or providing regular scheduled air transport passenger services;
- d) any liability of the Insured which attaches by virtue of an agreement but which would not have attached in the absence of agreement;
- e) any sum which the Insured would have been entitled to recover from any party but for an agreement between the Insured and such party;
- f) any accident or occupational disease resulting from any contravention of a regulation to which the Worker’s attention has been specially drawn in writing.
- This Policy, the Schedule and Endorsements shall be read together as one contract, and any word or expression to which a specific meaning has been attached shall bear such specific meaning wherever it may appear.
- Every notice or communication to be given or made under this policy shall be delivered in writing to the Corporation.
- The Insured shall take all reasonable precautions to prevent accidents and industrial disease and shall comply with all statutory obligations.
- In the event of any occurrence which may give rise to a claim under this policy, the Insured shall as soon as possible give notice to the corporation with full particulars. Every letter, claim, write summons and process shall be notified or forwarded to the Corporation immediately on receipt. Notice shall also be given to the Corporation immediately the Insured shall have knowledge of any impending prosecution inquest or fatal inquiry in connection with any such occurrence. Under no circumstances will the Corporation be liable to pay compensation to the Insured or his worker unless the medical adviser appointed by the Corporation for the purposes shall be allowed so often as may be deemed necessary to make an examination of the Worker or in the event of death, the said medical adviser shall be permitted to make a post mortem, examination of the body.
- No admission, offer, promise or payment shall be made by the Insured without the consent of the Corporation which shall have full discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Corporation may require.
- The first premium and all renewal premiums that may be accepted are to be regulated by the amount of wages and salaries and other earnings paid by the Insured to Workers. The name of every Worker together with the amount of wages salary and other earnings shall be properly recorded and the Insured shall at all times allow the Corporation to inspect such records and shall supply the Corporation with a correct account of all such wages, salaries and other earnings paid during any period of insurance within one month. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by the Corporation or by a refund by the Corporation.
- The Corporation may cancel this policy by sending fifteen days notice by registered letter to the Insured at his last known address and in such event the premium shall be adjusted in accordance with condition NO. 6.
- .If so required by the Corporation, compensation shall be payable directly to the injured person or his legal representative and a receipt by such injured person or his legal representative shall discharge the liability of the Corporation.
- Death shall not be presumed to have occurred because of mere disappearance of a worker.
- If the proposal or declaration of the Insured is untrue in any respect, if any material fact affecting the risk be incorrect or any renewal thereof shall have been obtained through any misstatement, or if any claim made shall be fraudulent or exaggerated, or if any false declaration or statement shall be made in support thereof, then, in all of these cases, this policy shall be void.
- If at the time any claim arises under this policy there be any other insurance effected by the Insured covering the same death, bodily injury or industrial disease the Corporation shall not be liable to pay or contribute more than its rateable proportion of any such claim.
- If the insured engages in a more hazardous occupation than that stated herein this insurance shall be void and no benefit shall be payable hereunder.
- This policy does not provide for maintenance of any member of the worker as a consequence of such worker having been injured and/or having been
affected by any industrial disease.
- If any difference arise as to the amount of any loss or damage such difference shall independently of all other questions be referred to the decision of an arbitrator.
This article is prepared to elaborate about the Workmen’s Compensation Policy. Therefore, legally it shall not come into force.