14A. Payment of compensation for temporary incapacity

Amended

Last amended by an amending law of 2008.

(1)

Where any injury by accident arising out of and in the course of employment results in the temporary incapacity of an employee, the compensation the employer shall pay to the employee shall be a periodical payment of the amount prescribed in paragraph 4 of the Third Schedule.

(2)

Such compensation in respect of injury resulting in temporary incapacity of an employee shall be in accordance with paragraph 4 of the Third Schedule, and shall be payable not later than the same day as earnings would have been payable to the employee under the contract of service or apprenticeship under which he was employed at the time of the accident (except that the interval between periodical payments shall in no case exceed one month) even though —

(a)

no claim for compensation in respect of that injury is made under this Act; or

(b)

a claim for compensation in respect of that injury has not been assessed or determined by the Commissioner.

(3)

Notwithstanding any other provision of this Act, the Commissioner may order the employee to refund to the employer any payment made by the employer under subsection (1) if —

(a)

the employee fails to make any claim for compensation within the time limited by and in accordance with section 11;

(b)

the employee withdraws his claim for compensation;

(c)

the Commissioner has determined that no compensation be paid to the employee; or

(d)

it has come to the attention of the Commissioner that the employee has made a false claim.

Terms defined in s 2

Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act;
Open s 2
earnings
Defined · s 2
“earnings” means any wages paid to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —(a)a travelling allowance;(b)the value of any travelling concession;(c)a contribution paid by the employer towards any pension or provident fund;(d)a sum paid to the employee to cover any special expenses incurred by him by reason of the nature of his employment;
Open s 2
employee
Defined · s 2
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —(a)by way of manual labour or otherwise;(b)the contract is express or implied or is oral or in writing; and(c)the remuneration is calculated by time or by work done,but does not include any class of persons specified in the Fourth Schedule;
Open s 2
employer
Defined · s 2
“employer” includes —(a)the Government;(b)any statutory body or authority;(c)the legal personal representative of a deceased employer; and(d)in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club,and where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the employee whilst he is working for that other person;
Open s 2
injury
Defined · s 2
“injury” includes any condition specified in the Second Schedule;
Open s 2

Report

Read on from s 15

Schedules

Read on from Schedules