Conditions for worker’s compensation

I am employed as a driver of heavy trucks which transports goods to the neighboring countries from Dar es Salaam port. To celebrate my birthday, I had some beers while I was on my way back to Tanzania. After drinking a few beers, I was involved in an accident which the police claimed was attributed to drinking under the influence of alcohol. As a result of this accident, I have sustained a serious fracture on my left leg. The medical report shows I have suffered a permanent disability and will not be able to drive anymore. I asked my employer to report the accident to the Workers Compensation Fund for the Fund to pay me benefits but the employer has refused on the ground that the accident was caused by my willful act so I don’t qualify to get any benefit from the Fund? Is the employer right?
RY, Dar es Salaam

Section 19(1) of the Workers’ Compensation Act [Cap.263 R.E 2015] sets a general rule that where the accident is attributable to serious or willful misconduct of the employee, he or she is not entitled to benefits offered by the Workers’ Compensation Fund. However, sub-section (2) gives an exception to the general rule that where the accident has caused death or permanent disability of the employee, he or she or the dependent of the employee will be entitled to benefits provided by the Fund. Driving under influence of alcohol is regarded as a serious road traffic offence and it is taken to be a serious professional misconduct for a driver. Nevertheless, the fact that you have suffered a permanent disability in the course of employment gives you right to compensation by the Fund despite the fact that the accident was attributed to driving under the influence of alcohol.

You can still approach the Fund directly yourself for compensation if your employer is unwilling to assist you to claim compensation. Sometimes an employer may be hesitant to report the accident to the Fund because he has not registered the employee with the Workers Compensation Fund or he is not remitting contributions to the Fund as per the law.