Work Injury Compensation Regulations 2020

For the purposes of the Act, “approved medical institution” is any hospital, clinic, healthcare establishment or other medical institution prescribed in the First Schedule.

To avoid doubt, the reference to any hospital, clinic, healthcare establishment or other medical institution in paragraph (1) includes a reference to a person who holds a licence under the Healthcare Services Act 2020 to provide a licensable healthcare service.

In paragraph (2) and the First Schedule, “licensable healthcare service” has the meaning given by section 3(1) of the Healthcare Services Act 2020.

This regulation applies where —

For the purposes of section 11A(b) of the Act, an employer or a platform operator mentioned in paragraph (1)(b) is liable for the proportion of the compensation payable under the Act in respect of the individual’s incapacity or death that is computed according to the formula , where —

For the purposes of paragraph (2), the apportionment period applicable in respect of an individual —

In paragraph (3)(a), the specified duration is either of the following:

The Commissioner may reduce the specified duration mentioned in paragraph (4)(b) by any period if the Commissioner is satisfied that the individual was not exposed to the chemical or biological agent to which the disease that the individual contracted is attributable during that period.

In paragraph (2)(b), “aggregate earnings” means —

The prescribed time for an employer to give notice of an accident to the Commissioner and the employer’s insurer under section 35(3) of the Act is 10 days after the date the employer first has notice of the accident in accordance with section 35(2) of the Act.

For the purposes of paragraph (1), where the employer’s employee contracts an occupational disease mentioned in section 10(1)(a), (b) or (c) of the Act, the employer first has notice of the accident when the employer has knowledge that a health professional has certified that, in the health professional’s opinion, the employee is suffering from such a disease.

Notice of an accident —

The notice of an accident under paragraph (3)(a) is deemed to be given when the employer makes a report in respect of the same accident in accordance with regulation 4, 6 or 7 of the Workplace Safety and Health (Incident Reporting) Regulations (Rg 3).

A notice of computation in respect of a claim need not be served by an employer’s insurer under section 44(3) of the Act in any of the following circumstances:

Subject to paragraph (3), a notice of computation in respect of the claim need not be served under section 44(3) of the Act if, before any notice of computation in respect of a claim is issued, the employee notifies the employer’s insurer (in the form and manner required by the Commissioner) that the employee has commenced or intends to commence proceedings to recover damages from a third party in respect of the injury to which the claim relates.

Paragraph (2) ceases to apply to the claim if, within the period of one year after the date of accident relating to the claim, the employee then applies to the insurer (in the form and manner required by the Commissioner) to resume the claim proceedings under section 41(2)(a) of the Act.

A notice of computation in respect of compensation for an employee’s permanent incapacity or current incapacity need not be served under section 44(3) of the Act if the employee —

A notice of assessment in respect of a claim need not be served under section 48(1) of the Act in any of the following circumstances:

Subject to paragraph (3), a notice of assessment in respect of the claim need not be served under section 48(1) of the Act if, before any notice of assessment in respect of a claim is issued, the employee notifies the Commissioner (in the form and manner required by the Commissioner) that the employee has commenced or intends to commence proceedings to recover damages from a third party in respect of the injury to which the claim relates.

Paragraph (2) ceases to apply to the claim if, within one year after the date of accident relating to the claim, the employee then applies to the Commissioner (in the form and manner required by the Commissioner) to resume the claim proceedings.

A notice of assessment in respect of compensation for an employee’s permanent incapacity or current incapacity need not be served under section 48(1) of the Act if the employee —

The prescribed time for a platform operator to give notice of an accident to the Commissioner and the platform operator’s insurer under section 35(3) of the Act is 10 days after the date the platform operator first has notice of the accident in accordance with section 35(2A) of the Act.

For the purposes of paragraph (1), where the platform worker of the platform operator contracts an occupational disease mentioned in section 34G(1)(a), (b) or (c) of the Act, the platform operator first has notice of the accident when the platform operator has knowledge that a health professional has certified that, in the health professional’s opinion, the platform worker is suffering from such a disease.

Notice of an accident —

The notice of an accident under paragraph (3)(a) is deemed to be given when the platform operator makes a report in respect of the same accident in accordance with regulation 4, 6 or 7 of the Workplace Safety and Health (Incident Reporting) Regulations.

A notice of computation in respect of a claim need not be served by a platform operator’s insurer under section 47B(3) or 47C(3)(a) of the Act in any of the following circumstances:

Subject to paragraph (3), a notice of computation in respect of the claim need not be served under section 47B(3) or 47C(3)(a) of the Act if, before any notice of computation in respect of a claim is issued, the platform worker notifies the platform operator’s insurer (in the form and manner required by the Commissioner) that the platform worker has commenced or intends to commence proceedings to recover damages from a third party in respect of the injury to which the claim relates.

Paragraph (2) ceases to apply to the claim if, within the period of one year after the date of the accident relating to the claim, the platform worker then applies to the platform operator’s insurer (in the form and manner required by the Commissioner) to resume the claim proceedings under section 41(2)(a) (read with section 35B) of the Act.

A notice of computation in respect of compensation for a platform worker’s permanent incapacity or current incapacity need not be served under section 47B(3) or 47C(3)(a) of the Act if the platform worker —

A notice of assessment in respect of a claim need not be served under section 48(1) (read with section 35B) of the Act in any of the following circumstances:

Subject to paragraph (3), a notice of assessment in respect of the claim need not be served under section 48(1) (read with section 35B) of the Act if, before any notice of assessment in respect of a claim is issued, the platform worker notifies the Commissioner (in the form and manner required by the Commissioner) that the platform worker has commenced or intends to commence proceedings to recover damages from a third party in respect of the injury to which the claim relates.

Paragraph (2) ceases to apply to the claim if, within one year after the date of the accident relating to the claim, the platform worker then applies to the Commissioner (in the form and manner required by the Commissioner) to resume the claim proceedings.

A notice of assessment in respect of compensation for a platform worker’s permanent incapacity or current incapacity need not be served under section 48(1) (read with section 35B) of the Act if the platform worker —

If an employee whose right to compensation has been suspended under section 37(4)(a) or (b) of the Act subsequently offers himself or herself for a medical examination, the employer must offer the employee a medical examination which is fixed to take place —

Paragraph (1) does not apply if, for the purposes of section 37(6)(a) of the Act, the Commissioner has approved any other medical examination for the employee.

If a platform worker whose right to compensation has been suspended under section 37(4)(a) or (b) (read with section 35B) of the Act subsequently offers himself or herself for a medical examination, the platform operator must offer the platform worker a medical examination which is fixed to take place —

Paragraph (3) does not apply if, for the purposes of section 37(6)(a) (read with section 35B) of the Act, the Commissioner has approved any other medical examination for the platform worker.

The Commissioner, in making any order of compensation under the Act, must record concisely his or her finding and his or her reasons for such finding.

The Commissioner may correct any of the following mistakes or errors in an order of compensation:

Where —

Where —

Subject to paragraphs (2) and (3), the employer must pay the compensation to the employee under section 19(1)(a) of the Act within 21 days after the following dates, as the case may be:

An employer must pay the amount of compensation payable by the employer under section 16 of the Act, in respect of any medical treatment received by the employer’s employee for a work injury, within 14 days after the employer receives the following documents issued by the health professional or approved medical institution that provided the medical treatment:

Compensation payable by an employer to the employee in respect of the employer’s liability under section 17 of the Act must be paid within the time required under section 17(1)(b) of the Act, whether or not the claim for the compensation has been processed by the Commissioner or the employer’s insurer under the Act.

Where the Commissioner directs an employer to pay any compensation to a relative of an employee under section 20 of the Act, the amount payable by the employer under section 19(1)(b) of the Act in respect of that direction must be paid within 21 days after that direction is made.

Subject to paragraphs (2) and (3), where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay an amount in respect of compensation, that amount must be paid under section 18(2) of the Act within whichever of the following times ends later:

Where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay any amount in respect of an employer’s liability for compensation under section 16 of the Act, the amount must be paid within whichever of the following times ends later:

Where the Commissioner directs an employer’s insurer under section 18(1) of the Act to pay any amount in respect of an employer’s liability for compensation under section 17 of the Act, the amount must be paid within whichever of the following times ends later:

Where an employer’s insurer is required under section 47 of the Act to pay an amount stated in a notice of computation that, under section 44(5) of the Act, has the effect of an order of compensation, that amount must be paid under section 18(2) of the Act within the time for payment of that compensation under regulation 17(1)(a) or (d)(ii).

Despite paragraphs (1), (2), (3) and (4), where the Commissioner directs an employer’s insurer to pay any compensation to a relative of an employee under section 20 of the Act, the amount payable by the employer’s insurer under section 18(2)(e) of the Act in respect of that direction must be paid within 21 days after that direction is made.

Subject to paragraphs (2) and (3), the platform operator must pay the compensation to the platform worker under section 19(1)(a) (read with section 34B) of the Act within 21 days after the following dates, as the case may be:

A platform operator must pay the amount of compensation payable by the platform operator under section 34M of the Act, in respect of any medical treatment received by the platform operator’s platform worker for a work injury, within 14 days after the platform operator receives the following documents issued by the health professional or approved medical institution that provided the medical treatment:

Compensation payable by a platform operator to the platform worker in respect of the platform operator’s liability under section 34N of the Act must be paid within the time required under section 34N(2) of the Act, whether or not the claim for the compensation has been processed by the Commissioner or the platform operator’s insurer under the Act.

Where the Commissioner directs a platform operator to pay any compensation to a relative of a platform worker under section 20 (read with section 34B) of the Act, the amount payable by the platform operator under section 19(1)(b) (read with section 34B) of the Act in respect of that direction must be paid within 21 days after that direction is made.

Subject to paragraphs (2) and (3), where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay an amount in respect of compensation, that amount must be paid under section 18(2) (read with section 34B) of the Act within whichever of the following times ends later:

Where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay any amount in respect of a platform operator’s liability for compensation under section 34M of the Act, the amount must be paid within whichever of the following times ends later:

Where the Commissioner directs a platform operator’s insurer under section 18(1) (read with section 34B) of the Act to pay any amount in respect of a platform operator’s liability for compensation under section 34N of the Act, the amount must be paid within whichever of the following times ends later:

Where a platform operator’s insurer is required under section 47F of the Act to pay an amount stated in a notice of computation that, under section 47B(5) of the Act, has the effect of an order of compensation, that amount must be paid under section 18(2) (read with section 34B) of the Act within the time for payment of that compensation under regulation 18A(1)(a) or (d)(ii).

Despite paragraphs (1), (2), (3) and (4), where the Commissioner directs a platform operator’s insurer to pay any compensation to a relative of a platform worker under section 20 (read with section 34B) of the Act, the amount payable by the platform operator’s insurer under section 18(2)(e) (read with section 34B) of the Act in respect of that direction must be paid within 21 days after that direction is made.

The maximum amount of funeral expenses of an employee that the Commissioner may pay under section 21(2)(b)(i) of the Act is $400.

The maximum amount of funeral expenses of a platform worker that the Commissioner may pay under section 21(2)(b)(i) (read with section 34B) of the Act is $400.

The fees payable to the Commissioner for the matters specified in the first column of the Second Schedule are as specified opposite in the second column.

No fee is payable for any medical report that is attached to —

Where a medical examination and medical report is required under section 57(2) of the Act in the determination of the amount of compensation payable under the Act in relation to one or more notices of objection in a claim, the fee for that medical examination and medical report must be paid as follows:

For the purposes of section 80(1) of the Act, a notice or document required or authorised to be served under the Act may be served —

The following classes of persons are prescribed for the purposes of section 80(2) of the Act:

The following Regulations are revoked:

In relation to a claim against an employer insured under an existing policy mentioned in section 84(3) of the Act that (under section 84(3)(c)(i) of the Act) must be processed by the Commissioner under section 36(2) of the Act, references in regulations 3, 6, 15, 18(1), (2), (3) and (5) and 27(2) and paragraph 1(b) of the Third Schedule to the employer’s insurer apply as if they include references to the insurer who insures the employer under the existing policy.