I work for an institution in Tanzania and following a workplace accident, was left disabled. I am currently recovering in hospital. My employer registered me with the Workers Compensation Fund (WCF) but also has a personal life insurance policy covering accidents. Since I am legally entitled to benefits given under the WCF and my personal life insurance, I was wondering if I could claim compensation from both the WCF and my personal life insurer provided simultaneously.
We are sorry to hear about your accident. The legal implications surrounding your situation are twofold. One, since you are covered by the WCF, you are entitled to receive benefits provided by the Fund. Section 19 of the Worker’s Compensation Act provides that where an employee has an accident resulting in the employee’s disability or death, the employee or the dependents of the employee shall, subject to the provisions of this Act, be entitled to compensation. This law guarantees assistance in the form of financial support for disablement regardless of whether the employee has a personal insurance policy or not.
On the other hand, you also have an insurance policy independent of your employment. We assume that this insurance policy offers supplemental coverage and includes accidents outside the workplace. In theory, you could seek additional compensation from the insurance provider subject to the terms and conditions in this insurance policy. However, insurance laws and policies have certain limitations preventing individuals from claiming compensation from multiple insurance policies. Usually, insurance contracts include detailed clauses regarding overlapping coverages. It is therefore important you carefully review the terms and conditions of the insurance policy before you consider submitting a claim with your insurance provider.