Obtaining benefits from the Workers Compensation Fund

My brother who was employed as a driver died in a car accident during the course of his contractual duties. It is about five months now since he died. Can you guide me how to claim compensation from the Workers Compensation Fund and what benefits can the family of the deceased claim from the Fund
PR, Arusha

Compensation for death of an employee who died in the accident occurring in the course of employee’s employment is governed by the Workers Compensation Act [Cap.263 R.E 2015] and the Workers Compensation Regulations, 2016. The death of the employee should be reported to the Fund within twelve months from the date of its occurrence. A claim for compensation should first be submitted to the employer in the prescribed form within twelve months from the date of occurrence of death and a copy of it served on the Fund. After receiving the claim, the employer is required to forward the claim to the Fund within seven days. The claim must be supported by documents proving death and identifying the person applying compensation. The claim supporting documents include a Police investigation or accident report, post mortem report, death or certificate or burial permit and a letter of appointment of the administrator of the deceased estate identifying the person applying for compensation.

The benefits that the Fund may grant for death are funeral grants and the payment for the dependents of the deceased employee. Where the deceased is survived by a spouse, the spouse is entitled to a lump sum payment equivalent to 140% of the employee’s monthly salary at the time of accident. In addition to the lump sum payment, the spouse of the deceased shall be entitled to a monthly pension equal to 40% of the deceased’s salary which monthly pension shall not be less than TZS 110,281.13 but shall not exceed TZS 1,474,341.08 per month. Hence the minimum and maximum are stipulated notwithstanding what the salary was.

However, for the spouse to be paid by the Fund, he or she must produce a marriage certificate or a proof of relevant Government authorities proving that the deceased and the person claiming compensation lived under one roof for a period of not less than 2 years as wife and husband. A deceased child who was dependent on him or her is also entitled to a pension benefit. All that one needs to produce is a birth certificate of the dependents or any proof that the dependent was wholly dependent on the deceased employee.