In force2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 2 · Compensation for Work Injury

16. Compensation for medical treatment

(1)

An employer is liable to pay compensation in accordance with paragraph 5 of the First Schedule for the following medical treatment received by an employee for a work injury:

(a)

medical treatment —

(i)

by a health professional or at an approved medical institution; and

(ii)

that is certified by any attending health professional to be necessary; (b)where the employee is an employee mentioned in section 9, medical treatment by a health professional —

(i)

received outside Singapore for a work injury sustained in an accident that occurs outside Singapore; and

(ii)

that, in the opinion of the Commissioner, is required immediately due to the nature of the work injury suffered.

(2)

The compensation payable under subsection (1)(a) for medical treatment received at an approved medical institution by the employee must be paid directly to the proprietor of the approved medical institution, after deducting any amount previously paid by or on behalf of the employee to the proprietor of the approved medical institution for the medical treatment.

(3)

The proprietor of an approved medical institution is entitled to recover the compensation (less the deductions) mentioned in subsection (2) directly from the employer.

(4)

Where the cost of any medical treatment that the employer is liable to pay under subsection (1) is paid by the employee or by any other person on behalf of the employee, the employee or that other person is entitled to recover the cost from the employer.

(5)

Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s employer or employer’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to reimburse the payer or the Commissioner (as the case may be) for such payment if —

(a)

the claim in respect of that work injury is withdrawn, and is not resumed, under section 41; (b)an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or

(c)

the payment was made on the basis of any error or any false or misleading information.

(6)

Subsection (5) applies to the payer only if —

(a)

the payer applies to the Commissioner for the reimbursement within the prescribed time and in the form and manner required by the Commissioner; and

(b)

the claimant has been given a reasonable opportunity to make representations to the Commissioner.

(7)

Where the payer is the claimant’s employer, the Commissioner must not, under subsection (5), order the reimbursement of any payment that the employer is obliged to pay under the Employment of Foreign Manpower Act 1990.

(8)

Any reimbursement ordered under subsection (5) is recoverable directly from the claimant.

Terms defined in this Act

approved medical institution
Defined · s 2
“approved medical institution” means a hospital, clinic, healthcare establishment or other medical institution that is prescribed as an approved medical institution;
Open s 2
claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
Open s 2
claimant
Defined · s 2
“claimant” means an injured individual claiming compensation under this Act;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Open s 2
employee
Defined · s 3
“employee” means an individual who has entered into or works under a contract of service with an employer and —(a)includes every employee of the Government in a class or description declared by the President to be employees for the purposes of this Act; but(b)does not include any class of individuals specified in the Third Schedule;
Open s 3
employer
Defined · s 3
“employer” means any person (A) who employs an individual (B) under a contract of service and includes —(a)the Government, if B belongs to a class or description of employees of the Government declared to be employees for the purposes of this Act under paragraph (a) of the definition of “employee”;(b)the legal personal representative of A, if A is deceased;(c)a duly authorised agent or manager of A;(d)the person who owns or is carrying on, or for the time being is responsible for the management of, the profession, business, trade or work in which B is engaged; and(e)where B is 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.
Open s 3
health professional
Defined · s 2
“health professional” means —(a)a registered medical practitioner under the Medical Registration Act 1997 and includes any person exempted from registration under that Act; or(b)a registered dentist under the Dental Registration Act 1999,and, in relation to compensation for medical treatment mentioned in section 16(1)(b), includes any medical practitioner or dentist registered to practise under the laws of the jurisdiction where the medical treatment is received;
Open s 2
medical treatment
Defined · s 2
“medical treatment” includes dental treatment;
Open s 2
work injury
Defined · s 2
“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;
Open s 2