A HEALTH GAP IN GHANA’S WORKMEN’S COMPENSATION ACT 1987 (PNDC 187): EMBRACING THE STARRING ROLE OF PSYCHOLOGISTS
Keywords:
Workmen’s Compensation Act 1987, psychological injury, occupational health and safety, work-related injury, GhanaAbstract
Background: Globally, thousands of deaths and disabilities occur because of work-related injuries. Research is replete with workplace safety strategies. However, workplace safety research is plagued with the lack of depth into the provisions of the law on compensation in the event of an accident. As a result of Ghana’s legislation, each workplace accident case is adjudged and compensated for on the basis of quantifiable support to physical loss.  Purpose: The purpose of this paper is to highlight the gap in psychological considerations in compensating employees for work-related injury as it exists in Ghana’s current Workmen Compensation Act of 1987.Methodology: The paper uses an illustrative case study and adopt a content analysis of clinical documentation of a typical case of a man who suffered a work-related injury that resulted in both physical and psychological injury. Findings: The inadequacy of solely acting on the recommendation of a medical officer in executing compensation to an accident victim was established. The discovery of Post-Traumatic Stress Disorder that had rendered the victim non-functional even after years of physical loss assessment compensation cements the limited nature of the provisions of the law. The provision of psychological intervention by mental health workers proved exhaustive in handling individual and family level psychological challenges. The Act allowed for the lapses in none psychological referral, intervention or assessment of damage from mental injury to estimate compensation. At the macro and micro level, Occupational Health and Safety is not of a priority in healthcare promotion and intervention in Ghana. Practical Implications: Based on the findings, the authors advocate for a review of the Ghana’s Workmen’s Compensation Act to include psychologists, social workers, and other health practitioners to be involved in the assessment for compensation in work-related injuries. By application, the use of medico-legal criteria should be extended to medico-psycho legal criteria for determining compensations for victims of workplace accidents. It proposes a sensitization drive by the Mental Health Authority of Ghana and Ghana Psychological Association to the populace and the inclusion or expansion of mental health curriculum in other stakeholder’s education.Originality: This paper is has highlighted the need for psychological assessment and compensation for work-related injury in Ghana. The findings of this case suggest that compensation should encompass psychological disability as a result of workplace accident. The principle of the law should therefore be reviewed to incorporate psychologist and other mental health workers, to holistically assess and compensate victims of work-related injury in Ghana.References
Adei, D. &Kunfaa, E. Y. (2007). Occupational Health and Safety Policy in the Operations of the Wood Processing Industry in Kumasi, Ghana. Journal of Science and Technology, 27(2),161 -173
Adjotor, F. N. (2013). The Effects of Occupational Safety and Health on Labour Productivity: A Case Study of Some Selected Firms in The Greater Accra Region of Ghana.University of Ghana Dissertation. http://ugspace.ug.edu.gh
Agyemang, C. B.,Nyanyofio, J. G., &Gyamfi, G. D. (2014). Job Stress, Sector of Work, and Shift-Work Pattern as Correlates of Worker Health and Safety: A Study of a Manufacturing Company in Ghana. International Journal of Business and Management, 9(7), 59-69.
Agyemang, C. B. &Otoo, E. (2013). HIV/AIDS Stigmatization on Relatives and Associates of People Living with HIV/AIDS: A Psychological Study. International Journal of Health and Psychology Research, 1(2), 1-13
Amoran, O.E., Lawoyin, T.O., Oni, O.O. (2005). Risk Factors Associated with Mental Illness in Oyo State, Nigeria: A Community based study. Annals of General Psychiatry,4, 1-6-17
Annan, J. S. (2010). Occupational and Industrial Safety and Health in Ghana. Published 22nd November, 2010 retrieved on 15th December, 2014 from www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID
Annan, J. S., Addai, E. K. & Tulashie, S. K. (2015). A Call for Action to Improve Occupational Health and Safety in Ghana and a Critical Look at the Existing Legal Requirement and Legislation. Safety and Health at Work, 6, 146-150
Atilola, O. (2012). Partaking in the global movement for occupational mental health: What challenges and ways forward for sub-Sahara Africa? International Journal of Mental Health Systems, 6, 15. doi:10.1186/1752-4458-6-15
Canavan, M.E., Sipsma, H.L, Adhvaryu, A., Ofori-Atta, A., Jack ,Udry, C., Osei-Akoto, I., & Bradley, E.H. (2013). Psychological distress in Ghana: associations with employment and lost productivity. International Journal of Mental Health Systems, 7( 7), 9-23
Dwumfour-Asare, B. &Asiedu, S. R. (2013). Awareness of the Factories, Offices and Shops Act 1970 (Act 328) at KNUST, Ghana. Developing Country Studies,3(10), 1-10 www.iiste.org ISSN 2224-607X
Emsley, R. &Coetzer, P. (1996). Disability claims on psychiatric grounds. South African Medical Journal, 86, 646-654.
Engel, GL (1977). The need for a new medical model: a challenge for biomedicine. Science. 196 (4286), 129–36.
Engel, G. L. (2009). The Need for a New Medical Model: A Challenge for Biomedicine. Holistic Medicine. 4 (1), 37–53
European Communities (2008): European Communities Consensus Paper: Mental Health in Workplace Settings. Luxembourg: European Communities
Federal Government of Nigeria Employee’s Compensation Act Abuja: FGN; 2011.
Ghana Health Service/Ministry of Health (2002). Handbook on Occupational Health. Accra, Ghana: Authors.
Goetzel, R.Z., Hawkins, K., Ozminkowski, R. J., &Wang, S. (2003). The health and productivity cost burden of the "top 10" physical and mental health conditions affecting six large U.S. Employers in 1999. Journal of Occupational, Environment and Medicine 45, 5–14
Harnois, G. & Gabriel, P. (2000). Nations for Mental Health: Mental Health and Work: Impact, Issues and Good Practice. WHO/ILO.WHO/MSD/MPS/00.2 MSD.
Hagberg, M., Silverstein, B., Wells, R., Smith, M. J., Hendrick, H. W., Carayon, P., &Pirusse, M. (1995). Work related musculoskeletal disorders (WMSD): A reference book for prevention. In I. Kuorinka& U. Forcier (Eds.). London: Taylor & Francis
Hughes, P., &Ferrelt, E. (2008). Introduction to Health and Safety In Construction Industry (3rd ed.). Butterworth-Heinemann, Imprint of Elsevier, USA, pp. 2-4.
McKee-Ryan, F. M., Song, Z., Wanberg, C. R. &Kinicki, A. J. (2005). Psychological and Physical Well-Being during Unemployment: A Meta-Analytic Study. Journal of Applied Psychology, 90(1), 53–76.
McPhilbin, J. (2012). Workers Compensation: Time to take a stand. Workers Health Center. Granvile
Mock, C., Adjei, S., Acheampong, F., Deroo, L., & Simpson, K. (2005). Occupational injuries in Ghana. . International Journal of Environmental Health, 11, 238-245.
Muhwezi, W.W Agren, H., Neema, S., Maganda, A.K., Musisi, S. (2008). Life Events Associated With Major Depression in Ugandan Primary Healthcare (PHC) Patients: Issues of Cultural Specificity. International Journal of Social Psychiatry.54,144-164.
Myer, L., Stein, D.J., Grimsrud, A., Seedat, S., &Williams, D.A.(2008). Social determinants of psychological distress in a nationally-representative sample of South African adults. Social Science & Medicine, 66(8),1828-1840.
Nissen, T. & Wynn, R.(2014). The history of the case report: a selective review. JRSM Open. 5, 4. [10.1186/1756-0500-7-264]
Norman, I. D., London, L., Aikins, M. S. & Binka, F. N. (2014). The Delaying of Workmen’s Compensation in Ghana: Review Article. Occupational Medicine & Health Affairs, 2(2 ), 1-8
Ofori-Atta, A.,Read, Lund,U.M. & the MHapp Research Consortium (2014). An updated Situational Analysis of Mental Health Services and Legislation in Ghana: Challenges for Transformation. In Changing Trends in Mental Health Care and Research in Ghana Ofori-Atta &Ohene. Sub-Saharan Publishers.
Oppong, S. (2010). Preparedness of Ghana to Manage Occupational health and Safety in the Oil and Gas Industry. Unpublished Manuscript, Regent University College of Science & Technology, Ghana.
Piavi, H., Kaija, L.S, & Jukka, T. (2009). Global Trend according to Estimated Number of Occupational Accidents and Fatal Workrelated Disease at Region and Country Level. Journal on safety research,40, 125-139.
Rison, R.A. (2013). A guide to writing case reports for the Journal of Medical Case Reports and Bio Med Central Research Notes. J Med Case Reports,7,239. doi: 10.1186/1752-1947-7-239.
Roberts, M., Asare, J., & Morgan, C. (2013). An overview of Ghana’s Mental Health Services: Results from an Assessment using the world health organization Assessment Instrument for Mental Health Systems (WHO-AIMS). International Journal of Mental Health Systems, 8,16-32
WHO (1946). Preamble of the World Health Organization Constitution as adopted by the International Health Conference, New York, 19-22 June, 1946; signed on 22 July 1946 by the representatives of 61 States. Official Records of the World Health Organization, 2, p. 100
WHO (2001). Occupational Health: A Manual for Primary Health Workers Retrieved from http://www.who.int/occupational_health/regions/en/oehemhealthcareworkers.pdf
Downloads
Published
Issue
Section
License
Copyright is owned by the journal.