The Workers’ Compensation Act

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CHAPTER 263
THE WORKERS COMPENSATION ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title. 2. Application. 3. Objectives of Act. 4. Interpretation. part ii
WORKERS COMPENSATION FUND
5. Establishment of Workers Compensation Fund. 6. Appointment of Director-General, management and administration of Fund. 7. Functions of Director-General. 8. Authorised persons. 9. Appointment of assessors. 10. Appointment of medical advisory panels. 11. Delegation of Powers and assignment of duties by Director-General. part iii
BOARD OF TRUSTEES OF THE WORKERS COMPENSATION FUND
12. Establishment of Board. 13. Functions of Board. 14. Powers of Board. 15. Fiduciary duties of Board. 16. General duties of Board. 17. Board may establish and subsidise organisations. 18. Delegation of Powers and functions by Board. part iv
RIGHT TO COMPENSATION AND PROTECTION
19. Right to compensation for occupational injury. 20. Accidents during conveyance by employer. 21.

oard. part iv
RIGHT TO COMPENSATION AND PROTECTION
19. Right to compensation for occupational injury. 20. Accidents during conveyance by employer. 21.

Accidents during training for or performance of emergency services.

Accidents during training for or performance of emergency services.

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454
22. Right to compensation for occupational diseases. 23. Presumption of cause of occupational disease. 24. Accidents or diseases contracted outside Tanzania. 25. Accidents or diseases contracted in Tanzania. 26. Refusal to pay compensation. 27. Compensation may not be alienated or reduced. 28. Cession or relinquishing of compensation void. 29. Compensation not to form part of deceased employee’s estate. 30. Civil liability of employer and third party not limited. 31. Recovery of compensation from employers and third parties. 32. Threats and compulsion, prohibited. part v
CLAIMS FOR COMPENSATION
33. Notice of accident by employee to employer. 34. Notice of accident by employer to Director-General. 35. Notice of occupational disease by employee and employer. 36. Inquiry by Director-General into accident. 37. Particulars in support of claim. 38. Employee to submit to medical examination. 39. Claim for compensation. 40. Prescription of claim for compensation. 41.

culars in support of claim. 38. Employee to submit to medical examination. 39. Claim for compensation. 40. Prescription of claim for compensation. 41.

Consideration of claim by Director-General. 42. Appearance of parties at formal hearing. 43. Powers of Director-General regarding witnesses. 44. Power to administer oath. 45. Offences by witnesses etc.. part vi
DETERMINATION OF COMPENSATION
46. Compensation for temporary total or partial disablement. 47. Expiry of compensation for temporary total or partial disablement. 48. Compensation for permanent disablement. 49. Payment of lump sum in lieu of pension. 50. Compensation to employee who has previously received compensation. 51. Constant attendant care grants. 52. Dependants’ grants where employee dies. 53. Funeral grants. 54. Increase of monthly pensions. 55. Advances on compensation.

attendant care grants. 52. Dependants’ grants where employee dies. 53. Funeral grants. 54. Increase of monthly pensions. 55. Advances on compensation.

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
56. Control over payment of compensation. 57. Pensioner resident outside Tanzania. 58. Manner of calculating earnings. 59. Calculation of compensation for occupational disease. 60. Deductions from employees prohibited. part vii
MEDICAL AID AND REHABILITATION BENEFITS
61. Conveyance of injured employee. 62. Medical aid costs. 63. Submission of medical report. 64. Director-General to decide on medical aid benefits. 65. Fees for medical aid. 66. Contributions by Employees toward cost of medical aid prohibited. 67. Medical aid provided by employers. 68. Director-General may consult representatives of medical authorities
and associations. 69. Director-General to provide rehabilitation. 70. Director-General may require assessments and rehabilitation plans. part viii
OBLIGATIONS OF EMPLOYERS
71. Employers to register with Director-General. 72. Employers to keep records. 73. Employers to furnish returns of earnings. 74. Assessment of employer. 75. Assessment to be paid by employer to Director-General. 76.

keep records. 73. Employers to furnish returns of earnings. 74. Assessment of employer. 75. Assessment to be paid by employer to Director-General. 76.

Mandators and contractors. 77. Employers or trade unions to inform employees of their rights. 78. Employers to assist employees. part ix
DISPUTES SETTLEMENT
79. Director-General may review decisions. 80. Appeal against decisions of Director-General and Minister. part x
FINANCIAL PROVISIONS
81. Application of funds. 82. Bank accounts of Fund.

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456
83. Investment of funds.
84. Annual budget of Fund.
85. Annual report and financial statements of Fund.
86. Periodic valuation of Fund.
87. Auditing.
part xi
GENERAL PROVISIONS
88. Reasons for decisions.
89. Evidence.
90. Compensation payable to assessors etc..
part xii
MISCELLANOUS PROVISIONS
91. Access to information.
92. Disclosure of information.
93. Amendment of Schedules.
94. Regulations.
95. False statements.
96. Penalties.
97. Compounding offences.
98. Repeal and savings.
SCHEDULES

rmation.
93. Amendment of Schedules.
94. Regulations.
95. False statements.
96. Penalties.
97. Compounding offences.
98. Repeal and savings.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Workers Compensation Act. 2.–(1) This Act shall apply to Mainland Tanzania. (2) Subject to subsection (1), this Act shall apply to-
(a) all employers and employees including those in the
public service of the Government of Tanzania in Mainland
Tanzania;
(b) employees while-
(i) employed in any capacity on a Tanzanian ship or
aircraft;
(ii) subject to section 25(1), employed outside Tanzania
on any other ship or aircraft; and
(c) employees who subject to section 24, are injured in
occupation accidents or contract occupational diseases
while employed outside Tanzania. Short title
Application
CHAPTER 263
THE WORKERS COMPENSATION ACT
An Act to provide for compensation to employees for disablement or death
caused by or resulting from injuries or diseases sustained or contracted in
the course of employment; to establish the Fund for administration and
regulation of workers compensation and to provide for related matters. [1st March, 2011 for PART, I, II, III AND XII Except s. 98.]
[GN. No.

ation and
regulation of workers compensation and to provide for related matters. [1st March, 2011 for PART, I, II, III AND XII Except s. 98.]
[GN. No.

165A of 2011] and
[1st July, 2016 for Part IV, V, VI, VII, VIII, IX, X and XI]
[GN. No. 335 of 2016]
Acts Nos. 20 of 2008
13 of 2017
6 of 2021
3 of 2023

5A of 2011] and
[1st July, 2016 for Part IV, V, VI, VII, VIII, IX, X and XI]
[GN. No. 335 of 2016]
Acts Nos. 20 of 2008
13 of 2017
6 of 2021
3 of 2023

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458
(3) Notwithstanding any other written law, any compensation
scheme existing at, or established after the commencement of
this Act shall award compensation not below the minimum
compensation rate set out in accordance with this Act. 3.

stablished after the commencement of
this Act shall award compensation not below the minimum
compensation rate set out in accordance with this Act. 3.

The objectives of this Act shall be to-
(a) provided for adequate and equitable compensation for
employees who suffer occupational injuries or contract
occupational diseases arising out of, and in the course
of their employment, and in the case of death, for their
dependants;
(b) provide for the rehabilitation of employees who
have suffered occupational injuries or contracted
occupational diseases in order to assist in restoring
their health, independence and participation in society;
(c) provide for a framework for the effective, prompt and
empathetic consideration, settlement and payment
of compensation benefits to employees and their
dependants;
(d) provide for the establishment, control and administration
of the Workers’ Compensation Fund, and the legal
framework for contributions to and payments from the
Fund;
(e) give effect to international obligations with respect to
workers’ compensation; and
(f) promote prevention of accidents and occupational
diseases. 4.

give effect to international obligations with respect to
workers’ compensation; and
(f) promote prevention of accidents and occupational
diseases. 4.

In this Act, unless the context otherwise requires-
“accident” means an accident arising out of and in the course
of an employee’s employment and resulting in a person
injury, illness or death of the employee;
“actuary” means any actuary approved by the Board in
accordance with section 86(1);
“annual earnings” means-
(a) the amount referred to in section 73(1)(a) where accepted
by the Director-General as correct;
Objectives of Act
Interpretation

al earnings” means-
(a) the amount referred to in section 73(1)(a) where accepted
by the Director-General as correct;
Objectives of Act
Interpretation

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

2023]
(b) the amount determined by the Director-General where
he believes that the amount referred to in paragraph (a)
is less than the amount actually paid; or
(c) the estimated amount referred to in section 73(5) or (6);
“assessor” means an assessor appointed under section 9;
“authorised person” means an authorised person appointed
under section 8;
“Board” means the Board of Trustees of the Workers
Compensation Fund established under section 12;
“business” means any industry, undertaking, trade or occupation
or any activity in which any employee is employed;
“contractor” means any person engaged or contracted as such
by an employer to perform independently any task for
and on behalf of the employer;
“dependant of an employee” means any of the following
persons who at the time of the death of the employee, was
wholly or partly financially dependent upon the employee;
(a) a spouse, who at the time of the death of the employee
was married to the employee according to the law of
marriage;
(b) where there is no spouse referred to in paragraph (a), a
person with whom the employee was at the time of the
employee’s death living as husband and wife;
(c) a child of the employee or of the employee’s spouse,
under the age of eighteen years;
(d) a child over eighteen years of the employee or the
employee’s spouse, and a parent or any person who
the Director-General believes was acting in the place
of a parent, brother, sister, half-brother or half-sister,
grand-parent or a grand-child of the employee;
“Director-General” means the Director-General of the Fund
appointed under section 6;
“disablement” means temporary partial disablement,
temporary total disablement, permanent total disablement
or serious disfigurement;

under section 6;
“disablement” means temporary partial disablement,
temporary total disablement, permanent total disablement
or serious disfigurement;

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2023]
460
“earnings” means the remuneration of an employee at the
time of the accident or the occurance of the occupational
disease as calculated under this Act;
“employee” means-
(a) any person, including an apprentice but excluding an
independent contractor, who works for another person
or for the state and who receives, or is entitled to receive,
any remuneration; and
(b) any other person who in any manner assists in carrying
on or conducting the business of an employer;
“employer” means any person, including the Government
and an executive agency, who employs an employee;
“employers’ organisation” has the meaning ascribed to it
under the Employment and Labour Relations Act;
“formal hearing” means a hearing between the parties in a
workers ‘compensation formally brought under the provision
of this Act prescribed over by the Director-General for the
purpose of solving differences, disagreements, and the like
in order to provide appropriate compensation benefits to a
claimant;
“Fund” means the Workers Compensation Fund established
under section 5;
“Labour Court” means the Labour Division of the High Court
established under the Labour Institutions Act;
“mandator” means a person engaged or subcontracted as such
by a contractor to perform any task in part or in whole
for and on behalf of the contractor under his supervision;
“medical aid” means medical, surgical or hospital treatment,
skilled nursing services, any remedial treatment approved
by the Director-General, the supply and repair of any
prosthesis or any device necessitated by disablement, and
ambulance services;
“medical practitioner” has the meaning ascribed to it under
the Medical Practitioner and Dentists Act;
“Minister” means the Minister responsible for labour;
Cap.

actitioner” has the meaning ascribed to it under
the Medical Practitioner and Dentists Act;
“Minister” means the Minister responsible for labour;
Cap.

366
Cap. 300
Cap. 152

366
Cap. 300
Cap. 152

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

2023]
“occupational disease” means any disease referred to in
section 22(1);
“occupational injury” means a personal injury sustained by
an employee as a result of an occupational accident or
occupational disease;
“periodical payment” means a periodical payment of
compensation in respect of temporary disablement;
“permanent disablement” in relation to an employee, means
the permanent inability of the employee to perform any
work as a result of an accident or occupational disease for
which compensation is payable;
“person under disability” means a minor, a lunatic or any
person who by law is subject to curatorship or tutorship;
“serious and willful misconduct” means-
(a) being under the influence of intoxicating liquor or a
drug having a narcotic effect;
(b) a contravention of any law for the protection of the
health of employees or for the prevention of accidents,
if the contravention was committed willfully or with a
reckless disregard of the provisions of the law; or
(c) any other kind or form of willful conduct that is likely
to cause disablement to a person;
“Tanzanian aircraft” means an aircraft registered or licensed
in Tanzania under the laws governing the registration or
licensing of aircraft;
“Tanzanian ship” means a vessel used in navigation which-
(a) is registered in Tanzania under the laws governing the
registration of ships and is not registered in any other
state under similar laws; or
(b) is owned or chartered by a person whose head office
or place of business is in Tanzania or by a person who
resides in Tanzania;
“temporary partial disablement” means the temporary partial
inability of the employee to-
(a) perform the whole of the work at which the employee
was employed at the time of the accident or occupational
disease; or

ility of the employee to-
(a) perform the whole of the work at which the employee
was employed at the time of the accident or occupational
disease; or

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462
(b) resume work at a rate of earnings not less than that
which the employee was receiving at the time of the
accident or occupational disease,
as a result of an accident or occupational disease for which
compensation is payable;
“temporary total disablement” means the temporary total
inability of the employee to perform-
(a) the work at which the employee was employed at the
time of the accident or at the time of contracting the
occupational disease; or
(b) a work similar to that work,
as a result of an accident or occupational disease for which
compensation is payable;
“trade union” has the meaning ascribed to it under the
Employment and Labour Relations Act. PART II
WORKERS COMPENSATION FUND
5.–(1) There is established a Fund to be known as the Workers
Compensation Fund.

mployment and Labour Relations Act. PART II
WORKERS COMPENSATION FUND
5.–(1) There is established a Fund to be known as the Workers
Compensation Fund.

(2) The funds of the Fund shall consist of-
(a) the assessments paid by the employers under this Act;
(b) any other moneys paid by employers to the Fund under
this Act;
(c) any penalty imposed under this Act, other than by a court;
(d) any interest on investments of the Fund;
(e) any subvention from the Government; and
(f) any other moneys legally acquired. 6.–(1) There shall be a Director-General appointed by the
President from amongst three qualified persons of high integrity
and who possess knowledge and experience in labour issues,
insurance, social security or workers compensation matters
recommended by the Minister. Cap. 366
Establishment
of Workers
Compensation
Fund
Appointment of
Director-General,
management and
administration of
Fund

ecommended by the Minister. Cap. 366
Establishment
of Workers
Compensation
Fund
Appointment of
Director-General,
management and
administration of
Fund

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(2) The Minister shall by regulation prescribe the manner
and procedure of getting the three persons to be recommended
to the President under subsection (1). (3) The Director-General shall be the chief executive officer
of the Fund and shall be responsible for daily activities of the
Fund. (4) The management and administration of the Fund shall
vest in the Board. (5) The Board shall determine the remuneration and the
terms and conditions of employment of the Director-General.

f the Fund shall
vest in the Board. (5) The Board shall determine the remuneration and the
terms and conditions of employment of the Director-General.

7.–(1) Subject to the provisions of this Act, the Director-
General shall-
(a) inquire into accidents and occupational diseases;
(b) receive notices of accidents and occupational diseases,
claims for compensation, medical reports and accounts,
objections, applications, returns of earnings and payments
due to the Fund;
(c) by notice in the Gazette, prescribe the forms to be used
and the particulars to be furnished in connection with
a notice of occupational injuries and diseases, claims
for compensation or any other form or matter which he
may deem necessary for the administration of this Act;
(d) adjudicate on claims and other matters coming before
the Director-General for decision;
(e) issue an order for the payment of compensation in
respect of an award made by the Director-General;
(f) decide whether a person is an employee, employer, a
mandator or a contractor for the purposes of this Act;
(g) decide any issue relating to-
(i) a right to compensation;
(ii) the submission, consideration and adjudication of
claims for compensation;
(iii) the calculation of earnings;
(iv) the degree of disablement of any employee;
(v) the amount and manner of payment of compensation;
Functions of
Director-General

ation of earnings;
(iv) the degree of disablement of any employee;
(v) the amount and manner of payment of compensation;
Functions of
Director-General

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2023]
464
(vi) the award, withholding, review, discontinuance,
suspension, increase or reduction of compensation;
and
(vii) the liability for payment of compensation for
temporary total or partial disablement;
(h) decide whether a person is a dependant of an employee
and, if so, the percentage of dependence, and, in the
case where there is more than one dependant, who shall
receive compensation and the allocation of compensation
among them;
(i) decide upon-
(i) the need for, and the nature and sufficiency of
medical aid;
(ii) the reasonableness of the cost of medical aid, and
the amount and manner of payment of such cost;
(j) decide upon the liability for assessment, tariffs of
assessment, the amount of assessments, the manner of
payment of assessment and related matters;
(k) decide upon any other issue falling within the functions
of the Director-General in connection with the
administration of this act;
(l) administer the Fund subject to the directions of the Board;
(m) recover amounts due to the Fund, including amounts
which should not have been paid out or with the
approval of the Board, write off such amounts if, in his
opinion, they cannot be recovered;
(n) record statistics and information regarding the occurrence
and causes of accidents and occupational diseases, and
the award of benefits under this Act; and
(o) institute such inquiries and perform such other functions
as may be prescribed, or as he may deem necessary for
the administration of this Act.

nd
(o) institute such inquiries and perform such other functions
as may be prescribed, or as he may deem necessary for
the administration of this Act.

(2) The Director-General shall seek direction or approval of
the Board in determining or reviewing the amount of award to
compensation, appointment of member of a medical advisory
panel and assessors.

pproval of
the Board in determining or reviewing the amount of award to
compensation, appointment of member of a medical advisory
panel and assessors.

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
8.–(1) The Director-General may authorise any assessor,
employee of the Fund or any medical practitioner to investigate
any matter that he may deem necessary for the performance of
his functions under this Act. (2) A person authorised under subsection (1) shall be
furnished with a certificate to that effect signed by the Director-
General.

ons under this Act. (2) A person authorised under subsection (1) shall be
furnished with a certificate to that effect signed by the Director-
General.

(3) An authorised person may-
(a) at any reasonable time, with prior notice enter any
premises, and may be accompanied by an interpreter
or other assistant or a police officer;
(b) while the authorised person is on the premises, or at
any time thereafter, question any person who is or was
on the premises, either alone or in the presence of any
other person on any matter to which this Act relates;
(c) order any person who has control over or custody of
any book, document or thing on or in those premises
to produce without delay, or at such time and place
as may be determined by the authorised person, such
book, document or thing;
(d) at any time and place order any person who has the
possession or custody of or is in the control of a book,
document or thing relating to the business of an
employer or previous employer, to produce without
delay or at such time and place as may be determined by
the authorised person, such book, document or thing;
(e) seize any book, document or thing which in the opinion
of the authorised person may serve as evidence in any
matter under this Act;
(f) examine or cause to be examined, make extracts from
or copies of any book, document or thing produced
to or seized by the authorised person and order any
person who, in the opinion of the authorised person,
is qualified to do so to explain any entry in the book,
document or thing;
Authorised
persons

any
person who, in the opinion of the authorised person,
is qualified to do so to explain any entry in the book,
document or thing;
Authorised
persons

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466
(g) order an employee to appear before the authorised
person at such time and place as may be determined by
the authorised person, and question the employee. (4) An authorised person performing any function under
this section shall, on demand, produce the certificate referred
to in subsection (2). (5) Any person commits an offence if he-
(a) pretends to be an authorised person;
(b) refuses or without reasonable cause or excuse fails to
answer full and satisfactorily any question put to that
person by an authorised person in the performance of
his functions;
(c) refuses or fails to comply with any lawful request or
order by an authorised person; or
(d) hinders or obstructs an authorised person in the
performance of his functions. 9.–(1) The Director-General may appoint such number of
persons as assessors as he may deem necessary in order to
assist in the performance of his functions under this Act.

eneral may appoint such number of
persons as assessors as he may deem necessary in order to
assist in the performance of his functions under this Act.

(2) The assessors referred to in subsection (1) shall be
persons who are suitably qualified and experienced and may
include medical practitioners. (3) An assessor shall be appointed for such period and on
such conditions as the Director-General may determine, but
he may, at any time, terminate the appointment of an assessor
who-
(a) has been guilty of misconduct or neglect of duty; or
(b) is not able to perform properly the functions of an
assessor under this Act. (4) An assessor shall be paid the prescribed remuneration
and traveling and subsistence allowances out of the Fund. Appointment of
assessors

this Act. (4) An assessor shall be paid the prescribed remuneration
and traveling and subsistence allowances out of the Fund. Appointment of
assessors

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
10.–(1) The Director-General may appoint medical advisory
panels which shall consist of such members as he may deem
necessary to-
(a) assist the Director-General with regard to the diagnosis
of occupational diseases in individual cases;
(b) advise the Director-General and the Board regarding
the inclusion of occupational diseases set out in the
Third Schedule to this Act; or
(c) advise the Director-General and the Board regarding
general policy concerning the diagnosis of, and
disablement as a result of occupational diseases. (2) The Director-General shall appoint a member of a
medical advisory panel as chairman of the panel.

isablement as a result of occupational diseases. (2) The Director-General shall appoint a member of a
medical advisory panel as chairman of the panel.

(3) The members of medical advisory panels shall be
appointed by the Director-General for such period and on
such conditions and such allowances as he may determine but
he may at any time terminate the appointment of any member
who-
(a) is guilty of misconduct or neglect of duty; or
(b) is not able to perform properly the functions of a
member of a medical advisory panel as provided under
this Act. 11.–(1) The Director-General may delegate any powers or
assign any duties to an employee of the Fund and may at any
time, cancel any such delegation or assignment. (2) A delegation or assignment under subsection (1) shall-
(a) be subject to such conditions as the Director-General
may determine;
(b) not divest the Director-General of the power delegated
or duty assigned, and he may at any time, amend or
set aside any decision made under the delegation or
assignment; and
(c) not prevent the exercise of the power or the performance
of the duty concerned by the Director-General. Appointment of
medical advisory
panels
Delegation of
Powers and
assignment
of duties by
Director-General

f the duty concerned by the Director-General. Appointment of
medical advisory
panels
Delegation of
Powers and
assignment
of duties by
Director-General

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468
PART III
BOARD OF TRUSTEES OF THE
WORKERS COMPENSATION FUND
12.–(1) There is established a Board to be known as the Board
of Trustees of the Workers Compensation Fund. (2) The Board shall, in its corporate name, be capable of-
(a) suing and being sued;
(b) purchasing or otherwise acquiring, holding, charging
and disposing of property, movable or immovable; and
(c) entering into contracts and performing all such other
acts for the proper performance of its functions under
this Act which may lawfully be performed by a body
corporate. (3) The provisions of the First Schedule to this Act shall have
effect as to the composition of the Board, the appointment and
termination of appointment of its members, the proceedings
of the Board and such other matters in relation to the Board
and members. 13.

pointment and
termination of appointment of its members, the proceedings
of the Board and such other matters in relation to the Board
and members. 13.

The Board shall, subject to any other applicable written
law-
(a) control and administer the Fund;
(b) formulate, implement and review policy relating to
workers compensation in accordance with this Act;
(c) advise the Minister on-
(i) any matter relating to workers compensation;
(ii) any amendments to this Act or any other related law;
(iii) any regulations made under this Act;
(d) invest surplus money of the Fund;
(e) provide technical assistance and advisory services for
the purpose of promoting workers compensation;
(f) promote occupational safety and health measures in
collaboration with the Occupational Safety and Health
Authority and other relevant authorities;
Establishment
of Board
Functions
of Board

measures in
collaboration with the Occupational Safety and Health
Authority and other relevant authorities;
Establishment
of Board
Functions
of Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.469
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(g) promote public awareness of the rights and obligations
of employees, dependants and employers under this Act;
(h) provide an accessible and transparent procedure for the
lodging and investigation of any complaints regarding
the administration of this Act, including the conduct of
the Fund and its employees; and
(i) do all such acts and enter into all such transactions as,
in the opinion of the Board, may be necessary for the
proper and efficient administration of the Fund. 14. The Board shall-
(a) cause to be carried out actuarial valuation of the Fund
after every three years;
(b) appoint and employ upon such terms as it may think
fit, consultants, agents and contractors as the Board may
deem necessary; and
(c) do all such other acts necessary to give effect to the
provisions of this Act.

ltants, agents and contractors as the Board may
deem necessary; and
(c) do all such other acts necessary to give effect to the
provisions of this Act.

15.–(1) The Board shall-
(a) have the duty of utmost care to ensure reasonable
protection of the assets and records of the Fund;
(b) act with fidelity, honesty, integrity and in the best interest
of the Fund in managing the financial affairs of the Fund. (2) A member of the Board shall not-
(a) act in a way that is inconsistent with the responsibilities
of the Board under this Act; or
(b) use the position or privileges of, or confidential
information obtained as a member of the Board for
personal gain or to improperly benefit another person. (3) A member of the Board shall-
(a) disclose to the Board any direct or indirect personal or
private business interest that the member or any spouse,
partner or close family member may have in any matter
before the Board; and
Powers of Board
Fiduciary duties
of Board

t that the member or any spouse,
partner or close family member may have in any matter
before the Board; and
Powers of Board
Fiduciary duties
of Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
470
(b) withdraw from the proceedings of the Board, when
the matter mentioned in paragraph (a) is considered,
unless the Board decides that the member’s direct or
indirect interest in the matter is trivial or irrelevant. 16.–(1) The Board shall ensure that it has and maintains a
regular review system of administration for benefits of its
members in a manner that ensures adequate and equitable
compensation in accordance with the objectives and purpose
of this Act. (2) The Board shall take effective and appropriate steps to-
(a) collect all revenue due to the Fund;
(b) prevent irregular expenditure, fruitless and wasteful
expenditure, losses resulting from criminal conduct,
and expenditure not complying with the operational
policies of the Fund; and
(c) establish, maintain and review system of administration
of the benefits and to monitor in a manner that ensures
adequate and equitable compensation in accordance
with the objects of this Act.

administration
of the benefits and to monitor in a manner that ensures
adequate and equitable compensation in accordance
with the objects of this Act.

(3) The Board shall be responsible for the management,
including the safeguarding of the assets, management of the
revenue, expenditure and liabilities of the Fund. (4) The Board shall take effective and appropriate disciplinary
steps against any employee of the Fund who-
(a) contravenes or fails to comply with the provisions of
this Act;
(b) commits an act which undermines the financial
management and internal control system of the Fund; or
(c) makes or commits funds towards an irregular expenditure
or a fruitless and wasteful expenditure. 17.–(1) The Board may establish an organisation or scheme or
recognise and subsidise any existing organisation or scheme
whose objectives shall include one or more of the following-
(a) the prevention of accidents or of any disease which is
due to the nature of a particular activity;
General duties
of Board
Board may
establish and
subsidise
organisations

cidents or of any disease which is
due to the nature of a particular activity;
General duties
of Board
Board may
establish and
subsidise
organisations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.471
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(b) the promotion of health or safety of employees, including
health and safety research or training;
(c) the promotion of rehabilitation of injured employees
suffering from occupational diseases;
(d) the provision of facilities designed to assist injured
employees and employees suffering from occupational
diseases to return to their work or to reduce or remove
any disability resulting from their injuries or disease; or
(e) the promotion of the general welfare of injured employees
or employees suffering from occupational diseases. (2) The Board may subsidise or assist in the funding of the
organisation or scheme established pursuant to subsection (1). 18.–(1) The Board may, in writing and subject to such
conditions as it may determine, delegate any of its powers,
functions or duties to the Director-General or an employee of
the Fund, and may at any time revoke such delegation.

rmine, delegate any of its powers,
functions or duties to the Director-General or an employee of
the Fund, and may at any time revoke such delegation.

(2) A delegation under subsection (1) shall not-
(a) divest the Board’s power, function or duty delegated,
and the Board may at any time amend or set aside any
decision made under the delegation; and
(b) prevent the exercise of the power or the performance of
the function or duty concerned by the Board itself. (3) The Board shall not delegate-
(a) its power to delegate; and
(b) the power to approve the annual budget or any
supplementary budget of receipts and expenditure, the
annual balance sheet or any statement of account. PART IV
RIGHT TO COMPENSATION AND PROTECTION
19.–(1) Where an employee has an accident resulting in the
employee’s disablement or death, the employee or the dependants
of the employee shall, subject to the provisions of this Act, be
entitled to the compensation provided under this Act. Delegation of
Powers and
functions by
Board
Right to
compensation
for occupational
injury
Act No. 3 of 2023; s. 23

mpensation provided under this Act. Delegation of
Powers and
functions by
Board
Right to
compensation
for occupational
injury
Act No. 3 of 2023; s. 23

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472
(2) Where an accident is attributable to the serious or
willful misconduct of the employee, no compensation shall be
payable unless-
(a) the accident results in permanent total disablement;
(b) the employee dies as a result of the accident leaving
a dependant wholly financially dependent upon the
employee. (3) Notwithstanding subsection (2), the Director-General
may, on behalf of the Fund, pay the whole or any portion of the
cost of medical aid in respect of such accident.

subsection (2), the Director-General
may, on behalf of the Fund, pay the whole or any portion of the
cost of medical aid in respect of such accident.

(4) Where the Director-General believes that an employee
at the time of an accident was acting for the purposes, or in the
interests of, or in connection with the business of an employer,
the accident shall, for the purposes of this Act, be deemed to
have arisen out of, and in the course of employment of the
employee, notwithstanding that the employee was at the time
of the accident-
(a) acting contrary to any law applicable to the employee’s
employment or to any instruction given by or on behalf
of the employer; or
(b) acting without any instruction of the employer. (5) For the purpose of this section, “permanent disablement”
means disablement which may render the employee incapable
of engaging in his employment or require him to be hospitalised
beyond a period of twenty-four months. 20. Any accident during the conveyance of an employee
to or from his place of employment for the purpose of his
employment by any means of conveyance shall be deemed to
take place in the course of the employee’s employment. 21.

employment for the purpose of his
employment by any means of conveyance shall be deemed to
take place in the course of the employee’s employment. 21.

An accident shall, for the purposes of this Act, be deemed to
have arisen out of, and in the course of employment if, at the
time of the accident, the employee-
(a) with the consent of the employer, was being trained
in organised first aid, ambulance or rescue work, fire-
fighting or any other emergency service;
Accidents during
conveyance by
employer
Accidents during
training for or
performance
of emergency
services

e-
fighting or any other emergency service;
Accidents during
conveyance by
employer
Accidents during
training for or
performance
of emergency
services

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.473
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(b) was engaged in the employer’s mine, works or premises
in organised first aid, ambulance or rescue work, fire-
fighting or any other emergency service; or
(c) with the consent of the employer, was engaged in any
organised first aid, ambulance or rescue work, fire-
fighting or other emergency service on any mine, works
or premises other than the employer’s. 22.–(1) Where an employee contracts a disease set out in
the Third Schedule to this Act, or any other disease, and the
disease has arisen out of, and in the course of the employee’s
employment, the employee shall, subject to the provisions of
this Act, be entitled to compensation. (2) Where an employee dies as a result of a disease referred
to under subsection (1), the dependants of the employee
shall, subject to the provisions of this Act, be entitled to the
compensation.

isease referred
to under subsection (1), the dependants of the employee
shall, subject to the provisions of this Act, be entitled to the
compensation.

(3) Where an employee has contracted a disease referred
to in subsection (1) and the Director-General believes that
his recovery is being delayed or that the temporary total
disablement of the employee is being prolonged by another
diseases, the Director-General may approve medical aid for
the other disease. (4) Where an employee has contracted a disease referred to
in subsection (1) resulting in permanent disablement and the
disease is aggravated by another disease, the Director-General
may, in determining the degree of permanent disablement,
take into account the effect of the other disease. (5) The provisions of this Act shall, with regards to accidents
apply, mutatis mutandis, to a disease referred to in subsection
(1), except where such provisions are clearly inappropriate. 23. Where an employee who has contracted an occupational
disease set out in the Third Schedule to this Act was employed
in any work involving the handling of or exposure to any agent
mentioned in the Schedule in respect of that disease, it shall be
Right to
compensation
for occupational
diseases
Presumption
of cause of
occupational
disease

d in the Schedule in respect of that disease, it shall be
Right to
compensation
for occupational
diseases
Presumption
of cause of
occupational
disease

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
474
presumed, unless the contrary is proved that the disease arose
out of, and in the course of the employee’s employment. 24.–(1) Where an employer carries on business mainly in
Tanzania and his employee who is ordinarily working in
Tanzania gets an accident or contracts an occupational disease
while temporarily working outside Tanzania, the employees shall
be entitled to compensation as if the accident or occupational
disease had happened or been contracted, in Tanzania. (2) The amount of compensation referred to in subsection
(1) shall be determined on the basis of the earning which the
Director-General believes the employee would have received if
the employee had remained in Tanzania. (3) Subsection (1) shall not apply, if the employee has been
employed outside Tanzania for a continuous period of more
than twelve months, unless the Director-General, employee and
the employer concerned, otherwise agree.

utside Tanzania for a continuous period of more
than twelve months, unless the Director-General, employee and
the employer concerned, otherwise agree.

25.–(1) Where an employer carried on business mainly outside
Tanzania and his employee who is ordinarily working outside
Tanzania gets an accident while temporarily or contracts an
occupational disease working in Tanzania, the employee shall
not be entitled to compensation, unless the employer has paid
the necessary assessments in respect of the employees. (2) An employee referred to in subsection (1) who is
temporarily working in Tanzania for a continuous period of
more than twelve months shall be deemed to be ordinarily
employed by the employer in Tanzania. (3) Where an employee entitled to compensation under this
Act may lawfully claim for compensation under other laws
applicable in another country, that employee shall, by written
notice to the Director-General, elect to claim compensation
under one law only and not otherwise. (4) Where an employee who is a Tanzanian gets an accident
or contracts an occupational disease while working or employed
in, on or above the continental shelf, the employee shall be
Accidents
or diseases
contracted
outside Tanzania
Accidents
or diseases
contracted in
Tanzania

n or above the continental shelf, the employee shall be
Accidents
or diseases
contracted
outside Tanzania
Accidents
or diseases
contracted in
Tanzania

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.475
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
entitled to compensation as if the accident or the occupational
disease had happened or been contracted, in Tanzania. 26. The Director-General may refuse to pay the whole or any
portion of compensation under this Act or any portion of the
cost of medical aid if-
(a) the employee at any time represented to the employer
or the Director-General, knowingly, false information,
or was not then suffering from or had not previously
suffered from a serious injury or occupational disease
or any other serious disease, and the accident was
caused by, or the death or disablement resulted from or
was aggravated by such injury or disease; or
(b) the Director-General believes that the death, or
disablement was caused, prolonged or aggravated by the
unreasonable refusal or willful neglect of the employee
to submit to medical aid in respect of any injury or
disease, whether caused by the accident or existing
before the accident.

neglect of the employee
to submit to medical aid in respect of any injury or
disease, whether caused by the accident or existing
before the accident.

27.–(1) Notwithstanding the provisions of any other written
law, compensation shall not be-
(a) ceded or pledged;
(b) attached in any form of execution under a judgment or
order of a court of law; or
(c) set off against any debt of the person entitled to the
compensation. (2) Notwithstanding subsection (1), the Director-General
shall pay compensation accrued to the employee in whole or
in part to an employer if the employer has made payments
to the employee in respect of disablement arising out of an
occupational injury or disease. 28. Any agreement under which an employee cedes or purports
to cede or relinquish any right to compensation under this Act
shall be void. Refusal to pay
compensation
Compensation
may not be
alienated or
reduced
Cession or
relinquishing of
compensation
void

n under this Act
shall be void. Refusal to pay
compensation
Compensation
may not be
alienated or
reduced
Cession or
relinquishing of
compensation
void

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
476
29. Any compensation due owing to the death of an employee
shall be paid to the dependants of the employee, or to any
other person on behalf of the employee shall not form part of
or become the subject of the employee’s estate. 30.–(1) This Act shall not limit or in any way affect any civil
liability of an employer or any other person in respect of an
occupational injury or disease resulting in the disablement or
death of an employee if the injury or disease was caused by
negligence, breach of statutory duty or any other wrongful act
or omission of the employer, or any person for whose act or
omission the employer is responsible, or of any other person.

ty or any other wrongful act
or omission of the employer, or any person for whose act or
omission the employer is responsible, or of any other person.

(2) Any damage awarded to an employee or dependant of
an employee in an action at common law or any other law in
respect of the negligence, breach of statutory duty or other
wrongful act or omission of the employer or any other person,
shall be reduced by the value of any compensation which has
been paid or is payable by the Fund under this Act in respect
of the injury, death or disease. 31. Where an occupational injury, death or disease in respect of
compensation which is payable under this Act, was caused in
circumstances resulting in the employer or any other person
being liable for damages in respect of such injury, death or
disease, the Director-General may institute a case in a court of
law against the employer or such other person for the recovery
of compensation that the Director-General is obliged to pay
under this Act. 32.–(1) A person shall not threaten an employee or in any
manner compel or influence him to do anything resulting in or
directed at the deprivation of his right to compensation under
this Act. (2) Any person who contravenes subsection (1) commits
an offence.

lting in or
directed at the deprivation of his right to compensation under
this Act. (2) Any person who contravenes subsection (1) commits
an offence.

Compensation
not to form part
of deceased
employee’s estate
Civil liability of
employer and
third party not
limited
Recovery of
compensation
from employers
and third parties
Threats and
compulsion,
prohibited

e
Civil liability of
employer and
third party not
limited
Recovery of
compensation
from employers
and third parties
Threats and
compulsion,
prohibited

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.477
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
PART V
CLAIMS FOR COMPENSATION
33.–(1) An employee or any person on behalf of the employee
shall, as soon as possible after an accident has occurred, give
written or verbal notice of the accident to the employer and he
may also give notice of the accident to the Director-General in
a prescribed form. (2) Failure to give notice to an employer as required in
subsection (1) shall not bar a right to compensation where it is
proved that the employer had knowledge of the accident from
any other source at or about the time of the accident.

a right to compensation where it is
proved that the employer had knowledge of the accident from
any other source at or about the time of the accident.

(3) Subject to section 39, failure to give notice to an employer
as required in subsection (1) of this section or any error or in
accuracy in the notice, shall not bar a right to compensation if
the Director-General believes that-
(a) the Funds is not or would not be seriously prejudiced
by the failure, error or inaccuracy if notice is then given
or the error or inaccuracy is corrected; and
(b) the failure, error or inaccuracy was caused by an oversight,
absence from Tanzania or other reasonable cause. (4) Where an employee who is employed in any capacity
in an aircraft or on board a ship by the owner or person in
command of the ship meets with an accident, the person in
command or the owner of the ship or aircraft shall be deemed
to be the employer of the employee. 34.–(1) Subject to this section, an employer shall, within seven
days after receiving a notice of an accident from the employee
or having learned in some other way that an accident has
occurred, report the accident to the Director-General in a
prescribed form.

from the employee
or having learned in some other way that an accident has
occurred, report the accident to the Director-General in a
prescribed form.

(2) An employer shall, at the request of an employee or the
dependant of an employee, furnish the employee or dependant
with a copy of the notice of the accident furnished by the
employer to the Director-General in respect of a claim for
compensation by the employee or dependant. Notice of accident
by employee to
employer
Notice of accident
by employer to
Director-General

f a claim for
compensation by the employee or dependant. Notice of accident
by employee to
employer
Notice of accident
by employer to
Director-General

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478
(3) Any employer who contravenes this section commits an
offence. (4) For the purposes of this section-
(a) “an accident” includes any injury reported by an
employee to the employer, if the employee when
reporting the injury alleges that it arose out of, and in
the course of employment, irrespective of whether the
employer believes that it did not;
(b) “compensation” includes the cost of medical aid and
any other amount paid or payable under sections 46,
48, 52, 53 or 61(2) and, in the case of a pension, the
capitalised value of the pension as determined by the
Director-General, irrespective of whether a lump sum
is at any time paid in lieu of the whole or a portion
of the pension under section 49 or 57 and periodical
payments or allowances. 35.–(1) An employee or a trade union, on behalf of the
employee, as soon as possible, after the occurrence of an
occupational disease shall give a written notice to his employer
or to the employer where the employee was last employed.

, after the occurrence of an
occupational disease shall give a written notice to his employer
or to the employer where the employee was last employed.

(2) Subject to the provisions of subsection (1), the employee
may give a written notice of the disease in the prescribed
manner to the Director-General. (3) An employer shall, within seven working days after
receiving notice or learning in some other way that an employee
has contracted an occupational disease, report the disease in
the prescribed manner to the Director-General, irrespective
of whether the employer believes that the employee did not
contract the disease while in the employment of the employer
or in the employment of a previous employer. (4) An employer who contravenes subsection (3) commits
an offence. Notice of
occupational
disease by
employee and
employer

ent of a previous employer. (4) An employer who contravenes subsection (3) commits
an offence. Notice of
occupational
disease by
employee and
employer

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.479
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
36.–(1) The Director-General shall, after receiving notice of
an accident or learning in some other way that an employee
has had an accident, make any inquiry which he may deem
necessary to decide upon any claim or liability under this Act. (2) Any employee or employer shall, at the request of the
Director-General, furnish other particulars regarding the accident,
injury, death or disease as the Director-General may require. (3) An employer who fails within a period of twenty one
working days to comply with the provisions of subsection (2),
commits an offence. (4) The Director-General may refuse to entertain a claim
of any employee who, within a period of six months from the
date of such request, fails to comply with subsection (2). (5) The Director-General shall, at the request of an employee
or employer, furnish any information which the Director-
General may deem necessary to enable the employee or
employer to comply with the provisions of this Act.

, furnish any information which the Director-
General may deem necessary to enable the employee or
employer to comply with the provisions of this Act.

(6) Where the Director-General fails to furnish information
under subsection (5) that information shall have no effect to
the employee. 37.–(1) An employee who has had an accident shall, when
reporting the accident or subsequently at the request of the
employer or the Director-General, furnish information and
documents as may be prescribed or as the employer or the
Director-General may require. (2) An employer shall within seven working days after
receiving claim, medical report or other documents or
information concerning the claim, send the claim report,
documents or information to the Director-General. 38.–(1) An employee who claims compensation or to whom
compensation has been paid or payable shall, if required by
the Director-General and after reasonable notice, submit
himself to be examined by a medical practitioner appointed
by the Director-General at the time and place mentioned in
the notice. Inquiry by
Director-General
into accident
Particulars in
support of claim
Employee to
submit to medical
examination

and place mentioned in
the notice. Inquiry by
Director-General
into accident
Particulars in
support of claim
Employee to
submit to medical
examination

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480
(2) Any expenses incurred by an employee in order to
comply with the provisions of subsection (1) which the
Director-General may deem necessary and reasonable, and
the prescribed remuneration for a medical examination under
this section, shall be paid by the Director-General. (3) Where in the opinion of the appointed medical
practitioner, the employee is not capable of calling upon the
medical practitioner appointed by the Director-General, the
medical practitioner shall inform the Director-General, and
he shall examine the employee at another time and place as
may be agreed between the Director-General and medical
practitioner. (4) An employee shall be entitled at his own expense to have
a medical practitioner of his choice present at an examination
by the appointed medical practitioner. 39.–(1) A claim for compensation shall be lodged by or on
behalf of the claimant in a prescribed form to the Director-
General within twelve months after the date of the accident or
the date of death.

y or on
behalf of the claimant in a prescribed form to the Director-
General within twelve months after the date of the accident or
the date of death.

(2) Where a claim for compensation is not lodged within
the period stipulated in subsection (1), the claim shall not be
considered under this Act, except where the accident concerned
has been reported under sections 34 or 35. (3) Notwithstanding subsection (2), a claim for compensation
by an employee in an aircraft or on board of a ship may be
lodged with the person in command of the aircraft or ship
concerned. (4) Where an employee referred to in subsection (3) meets
with an accident outside Tanzania resulting in death, a claim
for compensation shall be instituted within twelve months
after news of the death have been received by a dependant
claiming compensation. (5) The provisions of section 33 shall apply, mutatis mutandis,
to any failure to institute a claim or in respect of any error or
inaccuracy in a claim instituted. Claim for
compensation

ll apply, mutatis mutandis,
to any failure to institute a claim or in respect of any error or
inaccuracy in a claim instituted. Claim for
compensation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.481
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
40.–(1) A right to compensation shall lapse if the accident in
question is not brought to the attention of the Director-General
within twelve months after the date of the accident. (2) A right to compensation under this Act shall lapse if
an occupational disease is not brought to the attention of the
Director-General within twelve months from the occurrence
of that disease. (3) For the purpose of this Act, the occurrence of an accident
or occupational disease shall be deemed to be the date on
which a medical practitioner diagnosed the disease for the first
time and notified the employee of the diagnosis or such earlier
date as the Director-General may determine. 41.–(1) The Director-General shall decide on a claim for
compensation, and for that purpose may-
(a) carry out any inquiry; or
(b) formally hear the claim. (2) Where the Director-General decides upon a formal
hearing, he shall give notice of the date, time and place of the
hearing to the claimant and the employer in the prescribed
manner.

ides upon a formal
hearing, he shall give notice of the date, time and place of the
hearing to the claimant and the employer in the prescribed
manner.

(3) The Director-General-
(a) may adjourn a formal hearing to another date, time
and place; and
(b) shall keep or cause to be kept a record of the proceedings
as a formal hearing. (4) The Director-General shall, upon payment of the
prescribed fees, provide any person with a copy of the record. 42.–(1) Every party or his representative to a claim for
compensation shall appear before the Director-General at a
formal hearing. (2) The Director-General may designate any person with
relevant competence to investigate a claim, preside at or attend
a formal hearing, cross-examine witnesses, adduce rebutting
evidence and present arguments. Prescription
of claim for
compensation
Consideration of
claim by Director-
General
Appearance of
parties at formal
hearing

ence and present arguments. Prescription
of claim for
compensation
Consideration of
claim by Director-
General
Appearance of
parties at formal
hearing

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482
(3) Notwithstanding subsection (2), the Chief Inspector
and all inspectors appointed in accordance with section 5
of the Occupational Health and Safety Act, the Labour
Commissioner, the Deputy Labour Commissioner and Labour
Officers appointed in accordance with sections 43 and 44 of the
Labour Institutions Act may represent a party or an employee
for a claim of compensation before the Director-General. 43.–(1) The Director-General may, by written notice, summon
any person who-
(a) in the opinion of the Director-General, is able to give
information concerning the subject of any inquiry under
this Act; or
(b) is suspected to have in his possession, custody or control
any book, document or thing which has a bearing on
the inquiry,
to appear before him to be questioned or to produce such
book, document or thing. (2) Notwithstanding subsection (1), the Director-General
may, upon application by a claimant or employer and by written
notice, summon for the appearance any person as a witness.

on (1), the Director-General
may, upon application by a claimant or employer and by written
notice, summon for the appearance any person as a witness.

(3) The Director-General may issue a written notice to
summon witness if the applying party deposits a sum sufficient
to cover the necessary expenses to be incurred by the witness
summoned pursuant to subsection (2) as well as the cost of the
service of the notice. (4) Where a person has been summoned to appear under
subsection (1) and the Director-General is satisfied that as a
result of his appearance he has suffered any pecuniary loss or
incurred any expense, the Director-General may pay out of the
Fund the prescribed allowances or the amount of the loss or
expense, whichever is the lesser. 44. The Director-General or an authorised person may
administer an oath to, or accept an affirmation from, any witness
summoned under section 43. Cap. 297
Cap. 300
Powers of
Director-General
regarding
witnesses
Power to
administer oath

an affirmation from, any witness
summoned under section 43. Cap. 297
Cap. 300
Powers of
Director-General
regarding
witnesses
Power to
administer oath

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.483
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
45.–(1) A person commits an offence where he-
(a) has been duly summoned under section 43 and fails
without sufficient cause to attend at a time and place
specified in the summons;
(b) fails to remain in attendance until excused by the
Director-General from further attendance;
(c) refuses or fails to answer fully and satisfactorily any
question lawfully put to him;
(d) refuses or fails to produce any book, document or thing
in his possession, custody or control which he has been
required to produce; or
(e) hinders or obstruct the Director-General or an assessor
in the performance of any of their functions under this
section. (2) A person who, after having been sworn as a witness or
having made an affirmation, makes a false statement knowing
it to be false, commits an offence. (3) The law relating to privilege as applicable to a witness
testifying in a court of law shall be applicable at an inquiry
under this Act.

n offence. (3) The law relating to privilege as applicable to a witness
testifying in a court of law shall be applicable at an inquiry
under this Act.

PART VI
DETERMINATION OF COMPENSATION
46.–(1) Compensation for temporary total disablement shall
be calculated on the basis of seventy percent of the employee’s
monthly earnings at the time of the accident, subject to any
minimum and maximum amounts as may be set out in
regulations made by the Minister. (2) Compensation for temporary partial disablement shall
consist of the portion of the amount calculated under subsection
(1) and if the Director-General considers it equitable in the
circumstances. (3) Notwithstanding provisions of this Act the employer in
whose service an employee is at the time of the accident shall
Offences by
witnesses etc. Compensation
for temporary
total or partial
disablement

r in
whose service an employee is at the time of the accident shall
Offences by
witnesses etc. Compensation
for temporary
total or partial
disablement

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
484
be liable for the payment of the compensation referred to in
subsection (1), of the first month from the date of accident. (4) After expiry of the first month, the Director-General
shall refund the compensation paid by the employer under
subsection (3). (5) Any employer who fails to comply with subsection (3),
commits an offence and on conviction, shall be liable to a fine
not exceeding ten million or imprisonment for a term not
exceeding seven years. (6) Payment of compensation under subsections (1) and
(2), shall take place in the form of periodical payments at such
intervals, not exceeding one month, as the Director-General
may determine. (7) Periodical payments shall not be made in respect of
temporary total disablement or temporary partial disablement
that lasts for three days or less. (8) Periodical payments shall take place for as long as the
temporary total disablement continues, but shall not exceed
twenty-four months.

s or less. (8) Periodical payments shall take place for as long as the
temporary total disablement continues, but shall not exceed
twenty-four months.

(9) Where temporary total disablement continues-
(a) for longer than twelve months, the Director-General
may order the continuation of the payments for a
further period of twelve months; and
(b) for more than twenty-four months, the Director-General
may treat the disablement as permanent disablement. 47.–(1) The right to compensation for temporary total or
partial disablement shall expire-
(a) upon the ending of the disablement;
(b) where the employee resumes the work in which he was
employed at the time of the accident or occurrence of
the occupational disease;
(c) where the employee resumes any other work at the
same or greater earnings; or
(d) where the employee is awarded compensation for
permanent disablement. Expiry of
compensation
for temporary
total or partial
disablement

rnings; or
(d) where the employee is awarded compensation for
permanent disablement. Expiry of
compensation
for temporary
total or partial
disablement

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.485
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(2) Notwithstanding the provisions of subsection (1), the
Director-General may award compensation for temporary
total or partial disablement if-
(a) the disablement of the employee recurs or deteriorates; or
(b) the employee receives further medical aid requiring
further absence from service, which the Director-
General believes shall reduce the employee’s disablement. (3) Where the Director-General awards compensation
under subsection (2), the Director-General may suspend
pension payments to the employee concerned in respect of
the same accident, so long as the employee receives periodical
payments for temporary total or partial disablement. 48.–(1) Where an employee has sustained an injury set out in
the Second Schedule, he shall, for the purposes of this Act, be
deemed to be permanently disabled to the degree set out in the
Second Schedule.

out in
the Second Schedule, he shall, for the purposes of this Act, be
deemed to be permanently disabled to the degree set out in the
Second Schedule.

(2) Where an employee has sustained an injury not mentioned
in the Second Schedule which leads to permanent disablement,
the Director-General shall determine the percentage of
disablement in respect of the injury which he believes shall lead
to a result consistent with the Second Schedule. (3) Where an injury referred to in subsections (1) and (2)
has unusual serious consequences for an employee as a result of
the special nature of the employee’s occupation, the Director-
General may determine a higher percentage not exceeding
fifty percent of the normal rate, as he deems equitable. (4) Compensation for permanent disablement shall be paid,
subject to the minimum and maximum amounts set out in
regulations made by the Minister where-
(a) the employee is one hundred percent permanently
disabled, a monthly pension based on seventy percent
of the employee’s monthly earnings at the time of the
accident;
(b) the employee with less than one hundred per cent but
more than thirty percent permanent disablement, shall
Compensation
for permanent
disablement
Act No. 13 of 2017 s.35

ess than one hundred per cent but
more than thirty percent permanent disablement, shall
Compensation
for permanent
disablement
Act No. 13 of 2017 s.35

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
486
be paid monthly pension calculated in accordance with
paragraph (a) proportionate to the degree of permanent
disablement of the employee; or
(c) the employee with thirty percent or less than thirty
percent permanent disablement shall be paid in the
form of a lump sum and the amount payable shall
be eighty-four times the monthly pension amount
provided in paragraph (a) proportionate to the degree
of permanent disablement of the employee. (5) Payment for temporary total or partial disablement
shall not be deducted from compensation payable under this
section. (6) For the purpose of this section, “monthly pension”
means a pension payable monthly during the lifetime of the
employee and shall cease or be adjusted when the employee
resumes work or qualifies for payment of an old age or invalidity
pension upon reaching retirement age.

d shall cease or be adjusted when the employee
resumes work or qualifies for payment of an old age or invalidity
pension upon reaching retirement age.

49.–(1) Where a pension does not exceed the prescribed
amount set out in the regulations made by the Minister, the
Director-General may, upon application by a pensioner, pay or
direct the payment of a lump sum in lieu of that pension or a
portion of that pension. (2) Where a pension exceeds the prescribed amount, the
Director-General may, upon application by a pensioner, in
lieu of a portion of that pension not exceeding the prescribed
amount, pay or direct the payment of a lump sum. (3) Where a pension payable under this Act is less than
the prescribed amount per month, the Director-General may
decide to pay or direct the payment of a lump sum in lieu of the
whole of the pension. (4) Pension or portion of a pension due to a child shall not
be paid in a lump sum. (5) Any lump sum to be paid under this section shall be as
prescribed in the regulations made by the Minister. Payment of lump
sum in lieu of
pension

(5) Any lump sum to be paid under this section shall be as
prescribed in the regulations made by the Minister. Payment of lump
sum in lieu of
pension

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.487
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
50.–(1) In awarding compensation to an employee or reviewing
it in respect of permanent disablement, the Director-General
may take into account any compensation awarded to the
employee as provided under this Act or any other law as a
result of permanent disablement. (2) Where an employee who has received compensation for
permanent disablement subsequently meets with an accident
resulting in further permanent disablement in respect of which
compensation is payable under this Act, the Director-General
may calculate the employee’s compensation on the basis of the
earnings that the employee received at the time of any of the
accidents. (3) An employee shall not be paid compensation in the form
of a pension under this Act that exceeds the pension payable in
respect of one hundred percent disablement. 51.

l not be paid compensation in the form
of a pension under this Act that exceeds the pension payable in
respect of one hundred percent disablement. 51.

Where the injury or disease in respect of which compensation
is payable under this Act causes disablement that renders the
employee unable to perform essential functions of his life
without the constant attendant care of another person, the
Director-General may, in addition to any other compensation,
grant an allowance towards the cost of the care. 52.–(1) Subject to this section, where an employee dies as a
result of an injury caused by an accident, compensation shall
be payable as follows if-
(a) the employee leaves a spouse or a person or person
provided for under paragraph (b) of the definition of
“dependant of an employee” in section 4 as a dependant-
(i) a lump sum based on twice the monthly pension
provided under section 48(4)(a); or
(ii) a monthly pension based on forty percent of the
monthly pension provided for under section
48(4)(a). (b) the employee leaves a child under the age of eighteen
years as a dependant or a child over the age of eighteen
Compensation
to employee who
has previously
received
compensation
Constant
attendant care
grants
Dependants’
grants where
employee dies

ge of eighteen
Compensation
to employee who
has previously
received
compensation
Constant
attendant care
grants
Dependants’
grants where
employee dies

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

ania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

2023]
488
years who the Director-General believes is unable to earn
an income owing to a physical or mental disability as a
dependant, a monthly pension based on twenty percent
of the monthly pension provided under section 48(4)(a);
(c) the employee at the time of death does not leave a
spouse or a person referred to in paragraph (b) of the
definition of “dependant of an employee” or where
the spouse or person later dies, the aggregate amount
of a pension payable under paragraph (b) may be
increased by an amount which the Director-General
deems equitable but not exceeding forty percent of the
pension provided under section 48(4)(a);
(d) the employee leaves no spouse or child as a dependant
but leaves as a dependant a parent or any person who
the Director-General believes was acting in the place
of a parent, brother, sister, half-brother or half-sister, a
grand-parent or a grand-child-
(i) who was wholly financially dependent upon the
employee, a monthly pension not exceeding forty
percent of the monthly pension provided under
section 48(4)(a), for as long as the Director-General
believes it may reasonably have been expected
that the employee would have contributed to the
maintenance of that person; or
(ii) who was partly financially dependent upon the
employee and there is no dependent provided
under subparagraph (i), a lump sum as set out in
item 8 of the Fourth Schedule.

ncially dependent upon the
employee and there is no dependent provided
under subparagraph (i), a lump sum as set out in
item 8 of the Fourth Schedule.

(2) Where an employee leaves two or more dependants-
(a) the compensation payable to the dependants shall,
notwithstanding the provisions of this section, be
awarded in the manner determined by the Director-
General, but the compensation payable shall not exceed
the lump sum of pension which would have been
payable under this section if the employee had left only
one dependant; or

tion payable shall not exceed
the lump sum of pension which would have been
payable under this section if the employee had left only
one dependant; or

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.489
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(b) the Director-General may, where one of the dependants
referred to in paragraph (a) dies, allocate the pension
which was payable to that dependant to the children,
if any, of the dependant or, if there are no children,
to the other dependant or dependants referred to in
paragraph (a). (3) Pensions payable under this section in respect of the
death of an employee shall not, in all, exceed the pension for
one hundred percent permanent disablement which would
have been payable to the employee under section 48(4)(a). (4) Any pension payable to a child under the age of eighteen
years shall lapse at the end of the month in which the child
reaches the age of eighteen years, except-
(a) where the child is unable to earn an income owing to a
physical or mental disability;
(b) until the child complete secondary education; or
(c) while the child is undergoing higher education and
where it could reasonably have been expected that the
employee would have contributed to the maintenance
of that child.

ndergoing higher education and
where it could reasonably have been expected that the
employee would have contributed to the maintenance
of that child.

(5) The pension payable to a child over the age of eighteen
years who is unable to earn an income owing to a physical
or mental disability, shall cease on a date determined by the
Director-General in a manner that he believes it may reasonably
have been expected that the employee would no longer have
contributed towards the maintenance of that child. (6) A pension payable to a spouse or a person provided
under paragraph (b) of the definition of “dependant of an
employee” in section 4, shall lapse on the last day of the month
in which the spouse or the person dies. (7) For the purposes of this section a dependant referred
to in paragraph (a) or (c) of the definition of “dependant of an
employee “in section 4 shall be deemed to have been wholly
financially dependant upon the employee at the time of the
accident unless the contrary is proved.

e “in section 4 shall be deemed to have been wholly
financially dependant upon the employee at the time of the
accident unless the contrary is proved.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
490
(8) Amount shall not be deducted from pension or lump
sum awarded under this section to a dependent in respect of
any compensation awarded to the employee in respect of the
same or any other accident. 53.–(1) The Director-General shall pay out of the Fund an
amount of compensation within the limits set out in item 9 of
the Fourth Schedule, for the funeral costs of an employee who
dies as a result of an injury caused by an accident. (2) Without prejudice to subsection (1), the Minister may
make regulations prescribing the manner in which calculation
of the amount of compensation to be paid shall be made. 54.–(1) The Minister may, on the recommendation of the
Board and by notice in the Gazette, increase the monthly
pensions payable under sections 48 and 52 by such percentage
as he may determine.

tion of the
Board and by notice in the Gazette, increase the monthly
pensions payable under sections 48 and 52 by such percentage
as he may determine.

(2) At least sixty days before any increase, the Minister shall
publish a notice in the Gazette-
(a) of the intention to increase the monthly pensions; and
(b) inviting any person who wishes to comment on the
proposed increase to submit such comment in writing
to him within the period mentioned in the notice. (3) In determining the percentage referred to in subsection
(1), the Minister may differentiate between accidents which
happened on different dates. 55. Where the Director-General believes the best interests of
an employee so requires, he may, in anticipation of an award
of compensation advance to or on behalf of the employee such
amount as he may deem equitable, subject to such conditions
as the Director-General may determine. Funeral grants
Increase of
monthly pensions
Advances on
compensation

deem equitable, subject to such conditions
as the Director-General may determine. Funeral grants
Increase of
monthly pensions
Advances on
compensation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.491
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
56.–(1) Compensation payable under this Act by the Director-
General may be-
(a) paid to the employee or the dependant of an employee
entitled or to any other person on behalf of the employee
or dependant, in installments or in any other manner;
(b) invested or applied to the advantage of the employee or
the dependants of an employee;
(c) paid to trustee or any other person to be applied in
accordance with conditions determined by the Director-
General; and
(d) applied in accordance with the combination of paragraphs
(a), (b) and (c);
(2) On the death of an employee or a dependant of an
employee, the unpaid balance of compensation awarded shall
not form part of that person’s estate and-
(a) shall be paid to dependant; or
(b) where there is no dependant, the Director-General
may pay the whole or a portion of the balance to the
estate of the deceased.

id to dependant; or
(b) where there is no dependant, the Director-General
may pay the whole or a portion of the balance to the
estate of the deceased.

57.–(1) Where an employee or a dependant of an employee
to whom a pension is payable under the provisions of this Act
is resident outside Tanzania or is absent from Tanzania for a
period of more than six months, the Director-General may
award a lump sum in lieu of the pension, and upon payment of
the lump sum, the right to the pension shall expire. (2) Before the Director-General awards a lump sum, provided
for under subsection (1), he shall notify the employee or
dependant of the intention to award the amount and request
him to submit any representations for consideration within
the period specified by the Director-General. 58.–(1) In order to determine compensation, the Director-
General shall calculate the earnings of an employee in the
monthly rate at which the employee was being remunerated
by the employer at the time immediately before the accident. Control over
payment of
compensation
Pensioner
resident outside
Tanzania
Manner of
calculating
earnings

r at the time immediately before the accident. Control over
payment of
compensation
Pensioner
resident outside
Tanzania
Manner of
calculating
earnings

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
492
(2) For purposes of subsection (1), earning shall-
(a) include-
(i) the value of any food or quarters or both supplied
by the employer to the date of the accident; or
(ii) any overtime payment or other special remuneration
in cash or in kind of a regular nature or for work
ordinarily performed;
(b) exclude-
(i) payment for intermittent overtime;
(ii) payment for non-recurrent occasional services;
(iii) amounts paid by an employer to an employee to
cover any special expenses; and
(iv) ex gratia payments whether by the employer or
any other person. (3) Where an employee’s remuneration is determined in
accordance with a rate calculated upon work performed,
earnings shall be deemed to be the remuneration for similar
work upon the same conditions of remuneration prior to the
accident but not exceeding twelve months.

hall be deemed to be the remuneration for similar
work upon the same conditions of remuneration prior to the
accident but not exceeding twelve months.

(4) Where by reason of the short duration of the service of
an employee with an employer it is not practicable to calculate
earnings in such service, the employee’s earnings shall, if
possible, be calculated-
(a) on the basis of the amount which the employee with
similar work at the same conditions of remuneration
earned with another employer during the twelve
months prior to the accident; or
(b) on the basis of the amount which during the twelve
months prior to the accident was earned by other
employees of the first-mentioned employer with similar
work and on the same conditions of remuneration, or
would have been earned by the employee during the
previous twelve months had the employee been so
employed. (5) Where an employee has entered into contracts of service
with two or more employers, earnings shall be calculated as

the employee been so
employed. (5) Where an employee has entered into contracts of service
with two or more employers, earnings shall be calculated as

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.493
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
if the earnings under all such contracts were earnings in the
employment of the employer for whom the employee was
working at the time of the accident. (6) Where it is not practicable to calculate the earnings of
an employee in accordance with the preceding provisions, the
Director-General may calculate the earnings in a manner that
he may deem appropriate and equitable. (7) Where earnings are calculated on a weekly basis, the
monthly earnings shall be calculated as equal to four and one
third times the amount of such weekly earnings.

gs are calculated on a weekly basis, the
monthly earnings shall be calculated as equal to four and one
third times the amount of such weekly earnings.

59.–(1) Compensation for an occupation disease shall be
calculated on the basis of-
(a) the earnings of the employee calculated, with the changes
required by the context, in accordance with the provisions
of section 58; and
(b) the disablement of the employee at the time of the
occurrence of the disease or an earlier date determined
by the Director-General, if the employee was suffering
from the disease at earlier date, whichever earnings are
more favourable to the employee. (2) Where an employee is no longer in employment at the
time of the occurrence of the disease, the employee’s earnings
shall be calculated on the basis of the earnings that the Director-
General believes the employee would have been earning had
the employee still been working. 60.–(1) An employer shall not deduct from the earnings of
an employee any amount or receive any amount from the
employee to compensate the employer directly or indirectly
for any amount which the employer is liable to pay under this
Act.

eive any amount from the
employee to compensate the employer directly or indirectly
for any amount which the employer is liable to pay under this
Act.

(2) An employer who contravenes subsection (1) commits
an offence and on conviction, shall be liable to a fine not
exceeding five million shillings or imprisonment for a term
not exceeding seven years or to both. Calculation of
compensation
for occupational
disease
Deductions
from employees
prohibited

mprisonment for a term
not exceeding seven years or to both. Calculation of
compensation
for occupational
disease
Deductions
from employees
prohibited

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494
(3) A court convicting an employer of contravening
subsection (1) shall, in addition to any penalty it may impose,
order the employer to pay to the Director-General within
a specified period, the amount the employer has received
contrary to the provisions of subsection (1). (4) The Director-General shall pay the amount received
under subsection (3) to the employee from whose earnings
that amount has been deducted or from whom the amount has
been received. PART VII
MEDICAL AID AND REHABILITATION BENEFITS
61.–(1) Where an employee meets with an accident which
necessitates the employee’s conveyance to a hospital or to a
medical practitioner or from hospital or medical practitioner
to the employee’s residence, the employer shall, without delay,
make the necessary conveyance available. (2) The Director-General shall pay the reasonable cost
incurred in respect of that conveyance.

without delay,
make the necessary conveyance available. (2) The Director-General shall pay the reasonable cost
incurred in respect of that conveyance.

(3) Any employer who contravenes subsection (1) commits
an offence, and on conviction, shall be liable to a fine not
exceeding one million shillings or imprisonment for a term of
twelve months. 62.–(1) The Director-General shall, for a period of not more
than two years from the date of an accident or the contracting
of an occupational disease pay the reasonable cost incurred
by or on behalf of an employee in respect of medical aid
necessitated by the accident or disease. (2) The Director-General may, subject to the provisions of
subsection (1), after two years of medical aid, treat the employee
refereed to in the subsection to have permanent disablement. (3) Where the Director-General believes that further
medical aid, in addition to that referred to in subsection (1),
may reduce the disablement from which the employee is
Conveyance of
injured employee
Medical aid costs

addition to that referred to in subsection (1),
may reduce the disablement from which the employee is
Conveyance of
injured employee
Medical aid costs

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.495
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
suffering, the Director-General may pay the cost incurred in
respect of the further medical aid. 63.–(1) A medical practitioner shall furnish a medical report
to the employer concerned in the prescribed manner within
fourteen days after-
(a) examining for the first time an employee injured in an
accident; or
(b) diagnosing an occupational disease in an employee. (2) Where the employee at the time of the diagnosis of an
occupational disease was not in the service of the employer,
the medical report shall be furnished in the prescribed form to
the Director-General. (3) Where the Director-General requires further medical
report regarding an employee, the medical practitioner who
has treated or is treating the employee shall, upon request,
furnish the required reports in the form or manner to be
provided in the regulations.

who
has treated or is treating the employee shall, upon request,
furnish the required reports in the form or manner to be
provided in the regulations.

(4) Where a medical practitioner fails to furnish a medical
report under this section or fails to complete it in a satisfactory
manner, the Director-General may defer the payment of the
costs of the medical aid concerned until the report has been
furnished or completed in a satisfactory manner. (5) Subject to subsection (4), no remuneration shall be
payable to a medical practitioner for the completion and
furnishing of a report under this subsection. (6) A medical practitioner shall, at the request of an employee
or the dependant of an employee, furnish the employee or
dependant with a copy of the report under this section. 64. The Director-General may decide on all issues regarding
the need, nature and sufficiency of any medical aid benefits
supplied or to be supplied under this Act. 65.–(1) Subject to the provisions of this section, the cost of
medical aid shall be calculated in accordance with a tariff of
fees determined by the Director-General. Submission of
medical report
Director-General
to decide on
medical aid
benefits
Fees for medical
aid

ariff of
fees determined by the Director-General. Submission of
medical report
Director-General
to decide on
medical aid
benefits
Fees for medical
aid

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496
(2) Where the Director-General is liable for the payment of
the cost of medical aid-
(a) no amount shall be recoverable for the medical aid
concerned in excess of that determined in the tariff
of fees or, if no amount has been determined for
particular medical aid, no amount in excess of that
deemed reasonable by the Director-General; and
(b) no amount shall be recoverable from the employee or
an employer for the medical aid concerned. 66.–(1) An employer shall not demand or receive from an
employee a contribution toward the cost of medical aid
supplied or to be supplied under this Act. (2) An employer who contravenes subsection (1) commits
an offence and on conviction, shall be liable to a fine not
exceeding five million shillings or imprisonment for a term
not exceeding seven years or to both.

nce and on conviction, shall be liable to a fine not
exceeding five million shillings or imprisonment for a term
not exceeding seven years or to both.

(3) The court convicting an employer under subsection
(2), shall in addition to any penalty it may impose, order the
employer to pay to the Director-General within a specified
period as the court may determine, the amount the employer
has received contrary to subsection (1). (4) The Director-General shall pay the amount received
under subsection (3) to the employee from whose earnings
that amount was deducted or received by the employer. 67.–(1) Where an employer makes arrangements to provide
medical aid to employees who are injured in accidents which
the Director-General believes they are not less favorable to the
employees than that provided for in this Act, the Director-
General may, subject to conditions, approve such arrangements. (2) Where the Director-General has approved the
arrangements referred in subsection (1)-
(a) the employees shall be entitled to medical aid in
accordance with the arrangements;
Contributions
by Employees
toward cost of
medical aid
prohibited
Medical aid
provided by
employers

to medical aid in
accordance with the arrangements;
Contributions
by Employees
toward cost of
medical aid
prohibited
Medical aid
provided by
employers

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.497
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(b) the employer shall not be required to provide or pay
for medical aid except in accordance with the said
arrangements;
(c) the Director-General may reimburse an employer out
of the Fund or reduce the employer’s assessment to the
extent that the Director-General may deem equitable. (3) The Director-General may, at any time, withdraw the
approval or vary the conditions referred to under subsection (1). 68. The Director-General may consult any medical authority or
association concerning matters connected with or arising out
of the application of the provisions of this Act with regard to
medical aid, including the tariff of fees referred to under section
65 and may, for the purpose, disclose any information relating
to a matter in respect of which the views of the authority or
association are required.

65 and may, for the purpose, disclose any information relating
to a matter in respect of which the views of the authority or
association are required.

69.–(1) Where an employee suffers an accident or contracts
an occupation disease, the Director-General may, subject
to consent by the employee, provide the employee with
rehabilitation benefits to assist in restoring the employee’s
health, independence and participation in society to the
maximum extent practicable. (2) The rehabilitation benefits provided in subsection (1)
may consist of-
(a) clinical rehabilitation for the purpose of physical and
psychological recovery of the employee;
(b) vocational rehabilitation to assist an employee to
maintain employment, obtain employment or regain
or acquire vocational independence; and
(c) social rehabilitation to assist in restoring an employee’s
independence to the maximum extent practicable. (3) For the purpose of clinical rehabilitation, medical aid
costs provided for under section 62 shall include the costs of
clinical rehabilitation. Director-General
may consult
representatives
of medical
authorities and
associations
Director-General
to provide
rehabilitation

inical rehabilitation. Director-General
may consult
representatives
of medical
authorities and
associations
Director-General
to provide
rehabilitation

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498
70.–(1) The Director-General before providing vocational
or social rehabilitation to an employee under this Act, may
require the employee to-
(a) undergo any assessment required by him at the cost of
the Fund;
(b) co-operate with him in developing and implementing
an individual rehabilitation plan; or
(c) undergo assessment of present and likely capabilities
for the purposes of rehabilitation at the Fund’s expense. (2) An individual rehabilitation plan under paragraph (b)
of subsection (1) shall-
(a) identify the employee’s needs for rehabilitation;
(b) identify the assessments to be done;
(c) identify the services appropriate for those needs; and
(d) specify the rehabilitation services to be provided to an
employee. (3) An employee who receives rehabilitation benefits shall, to
the extent practicable, comply with the terms of an individual
rehabilitation plan.

ee. (3) An employee who receives rehabilitation benefits shall, to
the extent practicable, comply with the terms of an individual
rehabilitation plan.

PART VIII
OBLIGATIONS OF EMPLOYERS
71.–(1) An employer carrying on business in Tanzania shall
within the prescribed period and in the prescribed form
register himself to the Director-General and furnish the
Director-General with-
(a) the prescribed particulars of the employer’s business;
and
(b) any additional particulars he may require. (2) The particulars referred to in subsection (1) shall be
furnished separately in respect of each business carried on by
the employer. (3) An employer shall, within seven days of any change in
the particulars so furnished, notify the Director-General of the
change. Director-General
may require
assessments and
rehabilitation
plans
Employers to
register with
Director-General

tify the Director-General of the
change. Director-General
may require
assessments and
rehabilitation
plans
Employers to
register with
Director-General

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.499
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(4) A person who fails to comply with the provisions of this
section commits an offence and on conviction, shall be liable
to a fine not exceeding fifty million shillings or imprisonment
for a term not exceeding five years or to both. 72.–(1) An employer shall keep a register or other record of
the earnings and other prescribed particulars of all employees
employed by the employer and shall, at all reasonable times,
produce the register, record or a satisfactory reproduction on
demand to an authorised person for inspection. (2) An employer shall retain the register, record or reproduction
for a period of at least three years after the date of the last entry
on that register or record. (3) An employer who fails to comply with a provision of this
section commits an offence and on conviction, shall be liable to
a fine not exceeding twenty million shillings or imprisonment
for a term not exceeding five years or to both.

ce and on conviction, shall be liable to
a fine not exceeding twenty million shillings or imprisonment
for a term not exceeding five years or to both.

(4) A health and safety representative elected under any
other law governing occupational health and safety and a trade
union representative appointed under the Employment and
Labour Relations Act, shall have the right to inspect and bring
to the attention of the Director-General, any register, record or
document which the employer maintains, keeps or completes
under this Act. 73.–(1) Subject to subsection (2), an employer shall, not later
than the 31st day of March in each year, furnish the Director-
General with a return in the prescribed form certified by the
employer, as correct, showing-
(a) the amount of earnings up to the maximum contemplated
in section 74(7) paid by the employer to its employees
during the period with effect from the first day of March
of the immediately preceding year up to and including
the last day of February of the following year; and
(b) such further information as may be prescribed or as
the Director-General may require. Employers to
keep records
Cap. 366
Employers to
furnish returns
of earnings

r information as may be prescribed or as
the Director-General may require. Employers to
keep records
Cap. 366
Employers to
furnish returns
of earnings

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500
(2) An employer who commences business after the last day
of February of a particular year shall, within seven working
days after commencement of his business, furnish the Director-
General with a return in the prescribed form, certified by the
employer as correct, showing the estimated earnings of its
employees for the period with effect from the commencement
of the business up to and including the last day of February of
the following year. (3) Where an employer carries on business at more than
one place or carries on more than one class of business, the
Director-General may require a separate return for each place
or class of business from the employer. (4) Where in a return referred to in subsection (1), the amount
shown as earning, excluding earnings exceeding the maximum
referred to in section 74(7), is less than the amount actually
paid, the Director-General may order the employer to pay the
different between the amount shown and the actual amount.

s less than the amount actually
paid, the Director-General may order the employer to pay the
different between the amount shown and the actual amount.

(5) Where an employer fails to furnish a return or if the
estimate of the earnings which an employer expects to pay
during a particular period is in the opinion of the Director-
General too low, the Director-General may estimate the earnings
concerned. (6) Where it appears that the actual earning are less than the
earnings assessed under subsection (5), the Director-General
may make the necessary adjustment. (7) An employer who fails to comply with the provisions
of this section commits an offence and on conviction, shall be
liable to a fine not exceeding twenty million or to imprisonment
for a term not exceeding three years or to both. 74.–(1) Subject to the provisions of this section, an employer shall
be assessed or provisionally assessed by the Director-General
according to a tariff of assessment calculated on the basis of the
percentage of the annual earnings of the employer’s employees
as the Board may, with due regard to the requirements of the
Fund for the year of assessment, deem necessary. Assessment of
employer

loyer’s employees
as the Board may, with due regard to the requirements of the
Fund for the year of assessment, deem necessary. Assessment of
employer

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.501
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(2) For the purpose of this section, earnings shall be
calculated in the prescribed form. (3) Notwithstanding subsection (1), the Director-General
may-
(a) assess a particular employer or category of employers by
the degree of risk exposure or on such other objective
basis as he may prescribe in writing published in the
Gazette;
(b) levy a minimum assessment in respect of a particular
employer or category of employers. (4) In determining the tariff of assessment, the Director-
General shall provide for the capitalized value of pensions. (5) Where the earnings paid by an employer in respect of
a particular period differ from the earnings shown in respect
of that period in the return concerned, the Director-General
shall adjust the employer’s assessment accordingly. (6) An assessment of an employer shall be paid at such time
and in such manner as the Director-General may determine.

ployer’s assessment accordingly. (6) An assessment of an employer shall be paid at such time
and in such manner as the Director-General may determine.

(7) The Minister may, on the recommendation of the
Board, prescribe by notice in the Gazette, a maximum amount
of earnings on which an assessment of an employer shall be
calculated by the Director-General. 75.–(1) An assessment shall be paid to the Director-General
by an employer within thirty working days after the date of
the notice of assessment, or with the approval of the Director-
General, in such installments and at such times and on such
conditions as he may determine. (2) Interest shall be payable on any overdue assessment at
a rate determined by the Director-General which shall not
exceed a standard rate of interest determined by the Minister. (3) An employer who contravenes this section commits
an offence and on conviction, shall be liable to a fine of fifty
million shillings or imprisonment for a term of ten years or to
both. Assessment to be
paid by employer
to Director-
General
Act No. 6 of 2021 s.80

ty
million shillings or imprisonment for a term of ten years or to
both. Assessment to be
paid by employer
to Director-
General
Act No. 6 of 2021 s.80

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
502
(4) The court convicting an employer under subsection
(3) shall, in addition to any penalty it may impose, order the
employer to pay to the Fund within a specified period as the
court may determine the assessment due and the interest
thereon. (5) Notwithstanding the provisions of subsection (2), the
Minister may, upon recommendation of the Board, waive
partially or wholly the accrued interest on overdue assessement
to an employer. 76.–(1) Where a mandator in the course of, or for the purposes
of his business enters into an agreement with a contractor for
the execution by or under the supervision of the contractor
of the whole or any part of any work undertaken by the
mandator, the contractor shall, in respect of the employees of
the contractor employed in the execution of the work, register
as an employer in accordance with the provisions of this Act
and pay the necessary assessment.

tractor employed in the execution of the work, register
as an employer in accordance with the provisions of this Act
and pay the necessary assessment.

(2) Where a contractor fails to register or pay any assessment
referred to under subsection (1), the employees of the contractor
shall be deemed to be the employees of the mandator, and the
mandator shall pay the assessments in respect of the employees. (3) Where a mandator has paid an assessment or compensation
for which the mandator would not have been liable as provided
for under the provisions of subsection (1), the mandator may
recover that assessment or compensation from the contractor. (4) Where a mandator under this section paid an assessment
or compensation to the Director-General, the mandator may
set off the amount so paid against any debt to the contractor. (5) Notwithstanding the provisions of this section, the
Director-General may recover compensation from the
contractor instead of the mandator, and if the full amount
cannot be recovered from one, the remaining amount can be
recovered from the other. (6) A mandator shall not be liable in respect of any accident
which happened at a place which is not on or about the premises
Mandators and
contractors

6) A mandator shall not be liable in respect of any accident
which happened at a place which is not on or about the premises
Mandators and
contractors

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.503
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
on which the mandator undertook to execute the work, or
which is not otherwise under the control or management of
the mandator. 77. Every employer or a trade union shall display a statement
of employee’s rights under this Act in the prescribed manner-
(a) at the place where employees work; and
(b) where it can be read by employees. 78. An employer or the relevant trade union shall notify any
employee who is injured in an accident or who contracts an
occupational disease of his rights and the procedures to be
followed in order to claim compensation under this Act. PART IX
DISPUTES SETTLEMENT
79.–(1) The Director-General may review any decision in
connection with a claim for compensation or the award of
compensation on the ground-
(a) that the employee has not submitted himself for an
examination referred to in section 38.

compensation or the award of
compensation on the ground-
(a) that the employee has not submitted himself for an
examination referred to in section 38.

(b) that the disablement giving rise to the award is
prolonged or aggravated by the unreasonable refusal or
failure of the employee to submit to medical aid;
(c) that compensation awarded in the form of a periodical
payment or a pension is excessive or insufficient because
of existing or change of circumstances; or
(d) that the decision or award was based on an incorrect
view or misrepresentation of the facts, or that the
decision or award would have been otherwise in the
light of evidence available at present but which was not
available when the Director-General made the decision
or award. (2) In reviewing the decision in accordance with subsection
(1), the Director-General shall issue notice inviting a party
concerned to make representation. Employers or
trade unions to
inform employees
of their rights
Employers to
assist employees
Director-General
may review
decisions

make representation. Employers or
trade unions to
inform employees
of their rights
Employers to
assist employees
Director-General
may review
decisions

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
504
(3) The Director-General may, after considering the evidence
and representations submitted and making such inquiry as the
Director-General may deem necessary, confirm, amend or set
aside its decision, and may suspend, discontinue, reduce or
increase compensation awarded. 80.–(1) A person aggrieved by the decision of the Director-
General may appeal against the decision within thirty working
days to the Minister. (2) A person aggrieved by a decision of the Minister may,
within sixty working days, from the date of decision, appeal
against that decision to the Labour Court. PART X
FINANCIAL PROVISIONS
81.

Minister may,
within sixty working days, from the date of decision, appeal
against that decision to the Labour Court. PART X
FINANCIAL PROVISIONS
81.

The funds of the Fund shall be applied to-
(a) the payment of compensation benefits to or on behalf
of or in respect of employees;
(b) the prescribed remuneration and allowances to members
of the Board, assessors and authorised persons;
(c) the cost of or in connection with the medical examination
of employees;
(d) the cost of or in connection with the assessment of
employees for purposes of rehabilitation;
(e) the cost involved in court proceedings arising from
administration of this Act;
(f) any other expenditure incurred by the Board or
the Director-General in or in connection with the
performance of the functions under this Act;
(g) promote maintenance of occupational safety and health
measures; and
(h) any expenditure authorised by this Act. Appeal against
decisions of
Director-General
and Minister
Application of
funds

ty and health
measures; and
(h) any expenditure authorised by this Act. Appeal against
decisions of
Director-General
and Minister
Application of
funds

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.505
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
82.–(1) The Board shall open and maintain with a bank or
banks approved by the Minister-
(a) an account known as the Workers’ Compensation
Fund Account into which all moneys payable to the
Fund shall be deposited; and
(b) a reserve account into which any surplus money
in the Fund may be deposited and from which any
investments referred to in section 83 may be made. (2) The objects of the reserve account under subsection (1)
(b) shall be to-
(a) provide for unforeseen demands on the Fund; and
(b) stabilize the tariffs of assessment. (3) the Board shall determine the amounts to be held in the
reserve account and shall authorise payments from the reserve
account. 83. The Board may, subject to regulations or guidelines
prescribed by the Minister or relevant supervisory authority,
invest surplus funds of the Fund with due regard to-
(a) maintenance, growth and preservation of the Fund; and
(b) economic and commercial viability of any investment.

nds of the Fund with due regard to-
(a) maintenance, growth and preservation of the Fund; and
(b) economic and commercial viability of any investment.

84.–(1) The Director-General shall submit to the Board, at
least six months before the start of the financial year or such
other period determined by the Board, a budget of estimated
revenue and expenditure for that financial year, for approval
by the Board. (2) The Board may not, in respect of the administrative
expenditure of the Fund in any financial year, approve the
budget or expenditure of an amount exceeding fifteen percent
of the estimated revenue for that financial year, unless the
Board is satisfied that there exist extenuating circumstances. 85.–(1) The Fund shall-
(a) keep full and proper records of the financial affairs of
the Fund;
Bank accounts of
Fund
Investment of
funds
Annual budget of
Fund
Annual report
and financial
statements of
Fund

s of the financial affairs of
the Fund;
Bank accounts of
Fund
Investment of
funds
Annual budget of
Fund
Annual report
and financial
statements of
Fund

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
506
(b) prepare financial statements for each financial year in
accordance with generally accepted accounting practice;
(c) submit within five months of the end of the financial
year to the Board-
(i) an annual report on the activities of the Fund
during that financial year;
(ii) the audited financial statements for that financial
year; and
(iii) the report of the auditors on those statements. (2) The Director-General shall, within three months of
the approval by the Board of the annual report and financial
statements submit the report and financial statements to the
Minister. (3) The Minister shall table the report and statements
referred to in subsection (1) before the National Assembly. 86.–(1) The assets and liabilities of the Fund shall, as the Board
may consider necessary, but in any event at intervals of not
more than three years, be valued by an actuary appointed by
the Board to determine the sufficiency of the Fund.

, but in any event at intervals of not
more than three years, be valued by an actuary appointed by
the Board to determine the sufficiency of the Fund.

(2) The result of the valuation referred to in subsection
(1) shall be included in the next annual report of the Fund
following completion of the valuation. 87. Not later than six months after the close of every financial
year the accounts and the statement of the financial affairs
of the Fund for that financial year shall be audited by the
Controller and Auditor-General. PART XI
GENERAL PROVISIONS
88. Where the Director-General or any authorised person
makes decision, the Director-General or the authorised person,
shall furnish reasons to a person affected by that decision. Periodic valuation
of Fund
Auditing
Reasons for
decisions

neral or the authorised person,
shall furnish reasons to a person affected by that decision. Periodic valuation
of Fund
Auditing
Reasons for
decisions

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.507
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
89.–(1) The record of any decisions or award made by the
Director-General, and a copy of or extract from a record or
document kept by him or lodged with him which purports to
be certified by him as a true copy or extract shall, upon its mere
production in a court, be prima facie evidence of the content of
such record or document.

tified by him as a true copy or extract shall, upon its mere
production in a court, be prima facie evidence of the content of
such record or document.

(2) In any proceedings under this Act, or in any court, any
document purporting to be a sworn statement made by the
Director-General or an authorised person and in which it is
stated that-
(a) a person is an employer, a mandator, a contractor; an
employee or a dependant of an employee under this Act;
(b) a person is or was required under this Act to pay an
amount to the Director-General or to an employee or
other person specified in the statement;
(c) an amount referred to in paragraph (b), or any portion
thereof, has or has not been paid on a date specified in
the statement; and
(d) the Director-General has exercised a power under this
Act,
shall, upon its mere production, be prima facie evidence of
the facts stated therein. 90.–(1) Where an assessor or a member of a medical advisory
panel is involved in an accident arising out of and in the course
of performing the functions as an assessor or a member of a
medical advisory panel resulting in personal injury, illness or
death, the assessor or member of a medical advisory panel shall
be entitled to compensation as if such assessor or a member
of medical advisory panel is an employee at the time of the
accident.

advisory panel shall
be entitled to compensation as if such assessor or a member
of medical advisory panel is an employee at the time of the
accident.

(2) Subsection (1) shall apply to assessors who are not
employed. (3) The Director-General shall pay out of the Fund any
compensation under this section. Evidence
Compensation
payable to
assessors etc.

not
employed. (3) The Director-General shall pay out of the Fund any
compensation under this section. Evidence
Compensation
payable to
assessors etc.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
508
PART XII
MISCELLANEOUS PROVISIONS
91. An employee or a dependant of a deceased employee is
entitled to inspect and, at own expense, make copies of any
documents held by the Fund or the Director-General which
relate to any accident, injury, occupational disease or claim
for compensation involving the employee or dependant of the
employee. 92.–(1) A person shall not disclose any information obtained
in the performance of that person’s functions under this Act,
except-
(a) to the extent to which it may be necessary for the proper
administration of this Act;
(b) for the purposes of the administration of justice; or
(c) at the request of the Minister or any other person
entitled thereto. (2) A person who contravenes the provisions of subsection
(1) commits an offence. 93.–(1) The Minister may, after consulting the Board and by
order, in the Gazette amend any Schedule to this Act.

f subsection
(1) commits an offence. 93.–(1) The Minister may, after consulting the Board and by
order, in the Gazette amend any Schedule to this Act.

(2) At least sixty working days before any such amendment,
the Minister shall publish a notice in the Gazette-
(a) of the intention to effect an amendment and the
proposed content of the amendment; and
(b) inviting any person who wishes to comment on the
proposed amendment to submit such comment in
writing to the Director-General within the period
mentioned in the notice. 94.–(1) The Minister may upon advise of the Board make
regulations for the better carrying out the provisions of this
Act and in particular, prescribing-
Access to
information
Disclosure of
information
Amendment of
Schedules
Regulations

ying out the provisions of this
Act and in particular, prescribing-
Access to
information
Disclosure of
information
Amendment of
Schedules
Regulations

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.509
THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.509
THE WORKERS COMPENSATION ACT [CAP. 263 R.E.

2023]
(a) the place of meeting and the procedure to be followed
at any meeting of the Director-General and assessors
or at any proceedings under this Act with which the
assessors are concerned or at any investigation under
this Act;
(b) subject to section 65, the fees payable to medical
practitioners in respect of services rendered under this
Act;
(c) the procedure to be followed in paying assessments to
the Fund;
(d) the persons to whom the places and the manner in
which payment of assessments under this Act shall be
made;
(e) the determination of the amount and the conditions
and manner of payment of benefits to assessors or
classes of assessors;
(f) the disposal of moneys payable under this Act to
any person other than the Director-General and not
claimed within the prescribed period by the person
entitled thereto;
(g) the determination of time for the consideration and
finalisation of compensation claims, the payment of
compensation and the adjudication of appeals against
decisions of the Director-General under this Act; and
(h) any matter which may be or is prescribed under this
Act.

the adjudication of appeals against
decisions of the Director-General under this Act; and
(h) any matter which may be or is prescribed under this
Act.

(2) The Minister may, after consultation with the Board,
make regulations under subsection (1) in respect of different
classes of employers and employees of different areas. 95. A person who in connection with a claim for compensation
under this Act, or in any return, notice, report or statement to
be given, made or furnished under this Act, makes or causes
to be made any statement which is false in a material respect,
knowing it to be false, commits an offence. False statements

this Act, makes or causes
to be made any statement which is false in a material respect,
knowing it to be false, commits an offence. False statements

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510
96. A person who is convicted of an offence where no specific
penalties have been provided under this Act on conviction,
shall be liable to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding six
months or to both. 97.–(1) The Director-General may compound any of the
offences to which no penalty have been prescribed in this Act. (2) Subject to subsection (1), the Director-General may
order the person alleged to commit an offence under this Act
to pay a fine not exceeding three hundred thousand shillings. 98.–(1) [Repeals the Workers Compensation Act.]
(2) Notwithstanding subsection (1), any regulation made,
direction, order or directive made or issued by the repealed
Act and which could be made, issued, prescribed or done
under a provision of this Act, shall be deemed to have been
made, issued, prescribed or done under this Act.

could be made, issued, prescribed or done
under a provision of this Act, shall be deemed to have been
made, issued, prescribed or done under this Act.

(3) A claim for compensation or medical aid arising out
or accruing from the repealed law in respect of an accident
that happened or occupational disease contracted prior to the
commencement of this Act shall be dealt with under that laws
as if this Act had not been passed and any right or privilege
acquired or accrued under such law shall not be affected by
such repeal. FIRST SCHEDULE
(Made under section 12(3))
CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
1.–(1) The membership of the Board shall consist of persons with
integrity, knowledge and experience in labour issues, insurance, social
security or workers’ compensation as follows-
(a) a Chairman who shall be appointed by the President;
(b) other members appointed by the Minister as follows-
(i) two members representing the most representative
employers’ organisation;
Penalties
Compounding
offences
Repeal and
savings
Ord. No. 43 of 1948
Composition
of Board
Act No. 13 of 2017 s.36

esentative
employers’ organisation;
Penalties
Compounding
offences
Repeal and
savings
Ord. No. 43 of 1948
Composition
of Board
Act No. 13 of 2017 s.36

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.511
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
(ii) two members representing the most representative
employees organisation;
(iii) a Law Officer representing the Attorney General;
(iv) a representative from the Ministry responsible for social
security;
(v) a representative from the Ministry responsible for Public
Service Management;
(vi) a representative from the Ministry responsible for finance;
and
(vii)a representative from an association of persons with
disabilities arising from related injuries or diseases. (2) Members of the Board shall elect one of their number to be the
Vice Chairman who shall subject to his continuing to be a member,
hold office for a term of three years from the date of his election and
shall be eligible for re-election. (3) The Director-General of the Fund shall be secretary to the Board. 2. A member of the Board shall hold office for a period of three years
on such terms and conditions as may be specified in the instrument of
appointment and may be eligible for re-appointment for one more term.

hree years
on such terms and conditions as may be specified in the instrument of
appointment and may be eligible for re-appointment for one more term.

3.–(1) A member other than the Director-General and persons who are
members by virtue of their position may-
(a) at any time resign from office by notice in writing to the
Minister;
(b) be removed from office by the Minister if the member-
(i) has been absent from three consecutive meetings of the
Board without permission from the Chairman;
(ii) is adjudged bankrupt or enters into a composition
scheme or arrangement with his creditors;
(iii) is convicted of an offence involving dishonesty, fraud or
moral turpitude;
(iv) is convicted of a criminal offence and sentenced to
imprisonment for a term exceeding six months,
(v) is incapacitated by prolonged physical or mental illness; or
(vi) is otherwise unable to discharge his functions. (2) In the case of a member who is a member by virtue of holding
some other office, he shall cease to be a member upon ceasing to hold
that office. (3) A member, other than a member referred to in subparagraph (2)
may, at any time resign by giving notice in writing to the President or,
as the case may be, to the Minister, and as from that date of the receipt
of the notice by the President or the Minister, he shall cease to be a
member.

the case may be, to the Minister, and as from that date of the receipt
of the notice by the President or the Minister, he shall cease to be a
member.

Tenure of office
Vacation of office

Tenure of office
Vacation of office

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512
4.–(1) The Board shall meet not less than four times in every financial
year and not more than four months shall elapse between the date of
one meeting and the date of the next meeting. (2) The quorum for the conduct of the business of the Board shall be
half of the total number of members. (3) The Chairman shall preside at every meeting of the Board, and
in his absence, members present shall elect one among them to be the
Chairman. (4) Unless a unanimous decision is reached a decision on any matter
before the Board shall be by a majority of votes of the members present
and in the case of an equality of votes, the chairman or the person
presiding shall have a casting vote. (5) Subject to paragraph (3), no proceedings of the Board shall be
invalid by reason only of a vacancy among the members of the Board. (6) Subject to subparagraph (2), the Board may determine its own
procedure and for the attendance of any other person at its meetings.

s of the Board. (6) Subject to subparagraph (2), the Board may determine its own
procedure and for the attendance of any other person at its meetings.

5.–(1) The affixing of the common seal of the Board shall be authenticated
by the signatures of the Secretary and the Chairman and any document
required by law to be made under seal. (2) The decision of the Board may be authenticated by the signatures
of the Secretary and the Chairman. 6. Any contract or instrument which, if entered into or executed by a
person not being body corporate, would not require to be under seal,
may be entered into or executed on behalf of the Board by any person
generally or specially authorised by the Board for that purpose. 7. The Board shall cause minutes of all proceedings of meetings of the
Board to be entered in books kept for that purpose. SECOND SCHEDULE
(Made under section 48)
PERCENTAGE OF PERMANENT DISABLEMENT
Injury Percentage
of permanent
disablement
1. Loss of two limbs 100
2. Loss of both hands, or of all fingers and both thumbs 100
3. Total loss of sight 100
4. Total paralysis 100
5. Injuries resulting in employee being permanent bedridden 100
Meetings
Common seal
Contracts and
instruments
Minutes

ight 100
4. Total paralysis 100
5. Injuries resulting in employee being permanent bedridden 100
Meetings
Common seal
Contracts and
instruments
Minutes

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.513
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
Injury Percentage
of permanent
disablement
6. Any other injury causing permanent total disablement 100
7. Loss of arm at shoulder 70
8. Loss of arm between elbow and shoulder 68
9. Loss of arm at elbow 67
10. Loss of arm between wrist and elbow 65
11. Loss of hand at wrist 60
12. Loss of four fingers and thumb of one hand 60
13. Loss of four fingers 40
14. Loss of thumb - both phalanges 40
15. One phalanx 15
16. Loss of index finger - three phalanges 10
17. Two phalanges 8
18. One phalanx 5
19. Loss of middle finger - three phalanges 8
20. Two phalanges 6
21. One phalanx 4
22. Loss of ring finger - three phalanges 6
23. Two phalanges 5
24. One phalanx 3
25. Loss of little finger - three phalanges 4
26. Two phalanges 3
27. One phalanx 2
28. Loss of metacarpals - first, second or third (additional) 4
29. fourth or fifth addition (additional) 2
30. Loss of toes - at hip 70
31. Between knee and hip 70
32. below knee 45
33. Loss of toes - all 15
34. Big both phalanges 7
35. big one phalanx 3
36.

0. Loss of toes - at hip 70
31. Between knee and hip 70
32. below knee 45
33. Loss of toes - all 15
34. Big both phalanges 7
35. big one phalanx 3
36.

Toes other than big one
37. four toes 7
38. three toes 5
39. two toes 3

Toes other than big one
37. four toes 7
38. three toes 5
39. two toes 3

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
514
Injury Percentage
of permanent
disablement
40. one toe 1
41. Loss of eye - whole eye 30
42. Loss of eye - sight 30
43. Loss of eye - sight except perception of light 30
44. Loss of hearing - both ears 50
45. Loss of hearing - one ear 7
1. Where there are two or more injuries, the sum of the percentage
for such injuries may be increased, in the discretion of the Director-
General. 2. Total permanent loss of the user of a limb shall be treated as the loss
of the limb. 3. Where an employee has sustained an injury not mentioned in
this Schedule, the Director- General shall determine the percentage
of disablement in respect of the injury which the Director-General
believes will lead to a result consistent with the Schedule. 4. Where an injury has unusual serious consequences for an employee as
a result of the special nature of the employee’s occupation, the Director-
General may determine a larger percentage which the Director-General
deems equitable.

f the special nature of the employee’s occupation, the Director-
General may determine a larger percentage which the Director-General
deems equitable.

THIRD SCHEDULE
(Made under section 22(1))
OCCUPATIONAL DISEASES
1. The list of Occupational Diseases contained in this Schedule reflects
the list of occupational diseases appended to International Labour
Organisation R 194, List of Occupational Diseases Recommendation,
2010. 2. For purposes of this Schedule, work shall mean-
(a) any work involving the handling of or exposure to any agent
or agents mentioned in the List of Occupational Diseases;
(b) any work involving the handling of, or exposure to the specified
agent or agents, the work processes, work activities and work
environments mentioned in the List of Occupational Diseases.

r exposure to the specified
agent or agents, the work processes, work activities and work
environments mentioned in the List of Occupational Diseases.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.515
THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
LIST OF OCCUPATIONAL DISEASES
Occupational diseases caused by exposure to agents arising from work
activities
1.1. Diseases caused by chemical agents
1.1.1. Diseases caused by beryllium or its compounds
1.1.2. Diseases caused by cadmium or its compounds
1.1.3. Diseases caused by phosphorus or its compounds
1.1.4. Diseases caused by chromium or its compounds
1.1.5. Diseases caused by manganese or its compounds
1.1.6. Diseases caused by arsenic or its compounds
1.1.7. Diseases caused by mercury or its compounds
1.1.8. Diseases caused by lead or its compounds
1.1.9. Diseases caused by fluorine or its compounds
1.1.10. Diseases caused by carbon disulfide
1.1.11. Diseases caused by halogen derivatives of aliphatic or aromatic
hydrocarbons
1.1.12. Diseases caused by benzene or its homologues
1.1.13. Diseases caused by nitro- and amino-derivatives of benzene
or its homologues
1.1.14. Diseases caused by nitroglycerine or other nitric acid esters
1.1.15. Diseases caused by alcohols, glycols or ketones
1.1.16.

r its homologues
1.1.14. Diseases caused by nitroglycerine or other nitric acid esters
1.1.15. Diseases caused by alcohols, glycols or ketones
1.1.16.

Diseases caused by asphyxiants like carbon monoxide,
hydrogen sulfide, hydrogen cyanide or its derivatives
1.1.17. Diseases caused by acrylonitrile
1.1.18. Diseases caused by oxides of nitrogen
1.1.19. Diseases caused by vanadium or its compounds
1.1.20. Diseases caused by antimony or its compounds
1.1.21. Diseases caused by hexane
1.1.22. Diseases caused by mineral acids
1.1.23. Diseases caused by pharmaceutical agents
1.1.24. Diseases caused by nickel or its compounds
1.1.25. Diseases caused by thallium or its compounds
1.1.26. Diseases caused by osmium or its compounds
1.1.27. Diseases caused by selenium or its compounds
1.1.28. Diseases caused by copper or its compounds
1.1.29. Diseases caused by platinum or its compounds
1.1.30. Diseases caused by tin or its compounds
1.1.31. Diseases caused by zinc or its compounds
1.1.32. Diseases caused by phosgene
1.1.33. Diseases caused by corneal irritants like benzoquinone
1.1.34. Diseases caused by ammonia
1.1.35. Diseases caused by isocyanates
1.1.36. Diseases caused by pesticides
1.1.37. Diseases caused by sulphur oxides
1.1.38. Diseases caused by organic solvents

ases caused by isocyanates
1.1.36. Diseases caused by pesticides
1.1.37. Diseases caused by sulphur oxides
1.1.38. Diseases caused by organic solvents

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516
1.1.39. Diseases caused by latex or latex-containing products
1.1.40. Diseases caused by chlorine
1.1.41. Diseases caused by other chemical agents at work not mentioned
in the preceding items where a direct link is established scientifically, or
determined by methods appropriate to national conditions and practice,
between the exposure to these chemical agents arising from work
activities and the disease(s) contracted by the worker
1.2. Diseases caused by physical agents
1.2.1. Hearing impairment caused by noise
1.2.2. Diseases caused by vibration (disorders of muscles, tendons,
bones, joints, peripheral blood vessels or peripheral nerves)
1.2.3. Diseases caused by compressed or decompressed air
1.2.4. Diseases caused by ionizing radiations
1.2.5. Diseases caused by optical (ultraviolet, visible light, infrared)
radiations including laser
1.2.6. Diseases caused by exposure to extreme temperatures
1.2.7.

caused by optical (ultraviolet, visible light, infrared)
radiations including laser
1.2.6. Diseases caused by exposure to extreme temperatures
1.2.7.

Diseases caused by other physical agents at work not mentioned
in the preceding items where a direct link is established scientifically,
or determined by methods appropriate to national conditions and
practice, between the exposure to these physical agents arising from
work activities and the disease(s) contracted by the worker
1.3. Biological agents and infectious or parasitic diseases
1.3.1. Brucellosis
1.3.2. Hepatitis viruses
1.3.3. Human immunodeficiency virus (HIV)
1.3.4. Tetanus
1.3.5. Tuberculosis
1.3.6. Toxic or inflammatory syndromes associated with bacterial or
fungal contaminants
1.3.7. Anthrax
1.3.8. Leptospirosis
1.3.9. Diseases caused by other biological agents at work not
mentioned in the preceding items where a direct link is established
scientifically, or determined by methods appropriate to national conditions
and practice, between the exposure to these biological agents arising
from work activities and the disease(s) contracted by the worker
2. Occupational diseases by target organ systems
2.1. Respiratory diseases
2.1.1. Pneumoconioses caused by fibrogenic mineral dust (silicosis,
anthraco-silicosis, asbestosis)
2.1.2. Silicotuberculosis
2.1.3.

piratory diseases
2.1.1. Pneumoconioses caused by fibrogenic mineral dust (silicosis,
anthraco-silicosis, asbestosis)
2.1.2. Silicotuberculosis
2.1.3.

Pneumoconioses caused by non-fibrogenic mineral dust

Pneumoconioses caused by non-fibrogenic mineral dust

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
2.1.4. Siderosis
2.1.5. Bronchopulmonary diseases caused by hard-metal dust
2.1.6. Bronchopulmonary diseases caused by dust of cotton (byssinosis),
flax, hemp, sisal or sugarcane (bagassosis)
2.1.7. Asthma caused by recognised sensitising agents or irritants
inherent to the work process
2.1.8. Extrinsic allergic alveolitis caused by the inhalation of organic
dusts or microbially contaminated aerosols, arising from work activities
2.1.9. Chronic obstructive pulmonary diseases caused by inhalation
of coal dust, dust from stone quarries, wood dust, dust from cereals and
agricultural work, dust in animal stables, dust from textiles, and paper
dust, arising from work activities
2.1.10. Diseases of the lung caused by aluminium
2.1.11. Upper airways disorders caused by recognised sensitising
agents or irritants inherent to the work process
2.1.12.

the lung caused by aluminium
2.1.11. Upper airways disorders caused by recognised sensitising
agents or irritants inherent to the work process
2.1.12.

Other respiratory diseases not mentioned in the preceding
items where a direct link is established scientifically, or determined by
methods appropriate to national conditions and practice, between the
exposure to risk factors arising from work activities and the disease(s)
contracted by the worker
2.2. Skin diseases
2.2.1. Allergic contact dermatoses and contact urticaria caused by
other recognised allergy provoking agents arising from work activities
not included in other items
2.2.2. Irritant contact dermatoses caused by other recognised irritant
agents arising from work activities not included in other items
2.2.3. Vitiligo caused by other recognised agents arising from work
activities not included in other items
2.2.4. Other skin diseases caused by physical, chemical or biological
agents at work not included under other items where a direct link is
established scientifically, or determined by methods appropriate to national
conditions and practice, between the exposure to risk factors arising from
work activities and the skin disease(s) contracted by the worker
2.3. Musculoskeletal disorders
2.3.1.

tween the exposure to risk factors arising from
work activities and the skin disease(s) contracted by the worker
2.3. Musculoskeletal disorders
2.3.1.

Radial styloid tenosynovitis due to repetitive movements,
forceful exertions and extreme postures of the wrist
2.3.2. Chronic tenosynovitis of hand and wrist due to repetitive
movements, forceful exertions and extreme postures of the wrist
2.3.3. Olecranon bursitis due to prolonged pressure of the elbow region
2.3.4. Prepatellar bursitis due to prolonged stay in kneeling position
2.3.5. Epicondylitis due to repetitive forceful work
2.3.6. Meniscus lesions following extended periods of work in a
kneeling or squatting position

on
2.3.5. Epicondylitis due to repetitive forceful work
2.3.6. Meniscus lesions following extended periods of work in a
kneeling or squatting position

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518
2.3.7. Carpal tunnel syndrome due to extended periods of repetitive
forceful work, work involving vibration, extreme postures of the wrist,
or a combination of the three
2.3.8. Other musculoskeletal disorders not mentioned in the preceding
items where a direct link is established scientifically, or determined
by methods appropriate to national conditions and practice, between
the exposure to risk factors arising from work activities and the
musculoskeletal disorder(s) contracted by the worker
2.4. Mental and behavioural disorders
2.4.1. Post-traumatic stress disorder
2.4.2. Other mental or behavioural disorders not mentioned in
the preceding item where a direct link is established scientifically, or
determined by methods appropriate to national conditions and practice,
between the exposure to risk factors arising from work activities and
the mental and behavioural disorder(s) contracted by the worker
3. Occupational cancer
3.1. Cancer caused by the following agents
3.1.1. Asbestos
3.1.2.

e mental and behavioural disorder(s) contracted by the worker
3. Occupational cancer
3.1. Cancer caused by the following agents
3.1.1. Asbestos
3.1.2.

Benzidine and its salts
3.1.3. Bis-chloromethyl ether (BCME)
3.1.4. Chromium VI compounds
3.1.5. Coal tars, coal tar pitches or soots
3.1.6. Beta-naphthylamine
3.1.7. Vinyl chloride
3.1.8. Benzene
3.1.9. Toxic nitro-and amino-derivatives of benzene or its homologues
3.1.10. Ionizing radiations
3.1.11. Tar, pitch, bitumen, mineral oil, anthracene, or the compounds,
products or residues of these substances
3.1.12. Coke oven emissions
3.1.13. Nickel compounds
3.1.14. Wood dust
3.1.15. Arsenic and its compounds
3.1.16. Beryllium and its compounds
3.1.17. Cadmium and its compounds
3.1.18. Erionite
3.1.19. Ethylene oxide
3.1.20. Hepatitis B virus (HBV) and hepatitis C virus (HCV)
3.1.21. Cancers caused by other agents at work not mentioned in
the preceding items where a direct link is established scientifically, or
determined by methods appropriate to national conditions and practice,
between the exposure to these agents arising from work activities and
the cancer(s) contracted by the worker

iate to national conditions and practice,
between the exposure to these agents arising from work activities and
the cancer(s) contracted by the worker

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THE WORKERS COMPENSATION ACT [CAP. 263 R.E. 2023]
4. Other diseases
4.1. Miners’ nystagmus
4.2. Other specific diseases caused by occupations or processes not
mentioned in this list where a direct link is established scientifically,
or determined by methods appropriate to national conditions and
practice, between the exposure arising from work activities and the
disease(s) contracted by the worker
FOURTH SCHEDULE
(Made under section 52(1)(d) and 53(1))
MANNER OF CALCULATING COMPENSATION
(i) (ii) (iii) (iv) (v)
Item Section
Nature and
degree of
disablement
Nature of
benefits Manner of calculating benefits
1 46(1)
Temporary
total
disablement
Periodical
payment
70% of an employee`s monthly
earnings at the time of the
accident subject to minimum
and maximum compensation
of such monthly amounts as set
out in regulations made from
time to time by the Minister.

of the
accident subject to minimum
and maximum compensation
of such monthly amounts as set
out in regulations made from
time to time by the Minister.

2 48(4)
(a)
Permanent
disablement of
100%
Monthly
pension
70% of an employee`s monthly
earnings at the time of the
accident subject to minimum
and maximum compensation
of such monthly amounts as set
out in regulations made from
time to time by the Minister. 3 48(4)
(b)
Permanent of
disablement of
less than 100%
Monthly
pension
A monthly pension which
bears to a pension calculated
under item 2 the same
proportion as the degree of
permanent disablement to
100%
4 49 n/a
Lump sum
in lieu of
pension
The prescribed amount
for purposes of section 49
of the Act shall be such
monthly amount as set out in
regulations made from time to
time by the Minister.

prescribed amount
for purposes of section 49
of the Act shall be such
monthly amount as set out in
regulations made from time to
time by the Minister.

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520
(i) (ii) (iii) (iv) (v)
5 52(1)
(a)(i) Fatal Lump sum
Twice the employee’s monthly
pension that would have been
payable to the employee under
item 2 had the employee been
totally permanent disabled.
6 52(1)
(a)(ii) Fatal Monthly
pension
40% of the pension that
would have been payable to
the employee under item 2
had the employee been totally
permanently disabled.
7 52(1)
(b) Fatal Monthly
pension
20% of the monthly pension
that would have been payable
to the employee under item 2
had the employee been totally
permanently disabled, to each
child
8 52(1)
(d)(ii) Fatal Lump Sum
Percentage dependence as a
portion of such amount as set
out in regulations made from
time to tome by the Minister.
9 53 Fatal Funeral
grant
A reasonable amount of funeral
costs to a maximum such
amount as set out in regulation
made from time to time by the
Minister or the actual amount,
whichever is the lesser.