The Delaying of Workmen’s Compensation in Ghana: Review Article

Background: There are many bottlenecks in the administration of claims for compensation by injured employees. These include delays in processing claims, getting physicians to conduct examination of claimant’s injuries and to attest that the injury occurred in the course of employment. This could be further delayed by legal challenges to degree of disability provided by the examining physician. Objective: We investigated whether the design of workmen’s compensation legislation is defective because it places a burden on the physician to determine the degree of disability. We also investigated whether administrative modalities for the settlement of disability claims, contribute to delays. We considered the ethical and legal issues in the role of the physician as a healer and a claims adjuster. Method: This study consisted of literature and documentary review of the national and international legislation on workmen’s compensation legislation and disability claims. We also conducted Key Informant Interviews as collaborating data to the literature review. We also reviewed both public and private sector claims in three consecutive years from 2008 through 2010 as the basis of analysis. Result: The study identified many problems in the Physician-claimant relationship, such as the administration and management of compensations and benefits. The 1987 law provides little guidelines to the physician on how to assess disability. This contributes to low claims settlement and backlog of cases of injured employees due to legal challenges. Conclusion: There is the need to harmonize current safety legislation such as the Factories, Offices and Shops Act, 1970, (ACT 328), the Mining Regulations, 1970, (LI 665), the Radiation Protection Instrument, 1993, (LI 1559), and the Workmen’s Compensation Act 1987 (PNDC 187). These should be administered by one entity for efficiency