The policy will compensate the Insured ( Employer) if any employee in the Insured’s immediate service shall sustain personal injury by accident or disease arising out of or in the course of his /her employment by the Insured in the business and if the Insured shall be liable to pay compensation for such injury and Medical Aid either under:-
the Laws set out in the schedule – Workers Compensation Act (1990) of
Malawi or
at Common Law.
Cover will also include all costs and expenses incurred with the Insurers consent in defending any claim for such compensation.
Geographical area is Malawi but cover can be extended to include Worldwide for employees working temporarily outside Malawi.
Exceptions
any injury or accident or disease directly attributable to war, invasion, act of
foreign enemy, hostilities, civil war, mutiny, insurrection, rebellion, revolution
or military or usurped power;
the Insured’s liability to employees of contractors to the Insured;
any employee who is not a worker within the meaning of the Law;
any liability of the Insured which attaches by virtue of an agreement but which
would not have attached in the absence of such agreement;
any amount covered by a medical fund;
compensation in respect of judgements not in the first instance delivered by or
obtained from a court of competent jurisdiction in Malawi.
costs and expenses of litigation which are not incurred in and recoverable in
Malawi unless such costs and expenses are incurred with the prior consent of
the Insurer.
Conditions
Amongst the policy conditions are:-
Insured shall take reasonable precautions to prevent accidents and disease
and shall comply with all statutory obligations;
Claims Notifications condition – as soon as possible;
No admission, offer, promise or payment shall be made by or on behalf of the
Insured without the consent of the Insurer;