In force2020 Revised Edition

Contents

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

17. Compensation for temporary incapacity

(1)

Where any work injury results in the temporary incapacity of an employee, the compensation the employer is liable under this Act to pay to the employee is a periodical payment that is —

(a)

an amount specified in the First Schedule; and

(b)

payable not later than the same day as earnings would have been payable to the employee under the contract of service under which the employee was employed at the time of the accident, except that the interval between periodical payments must not exceed one month.

(2)

The Commissioner may review any periodical payment for temporary incapacity, on the application of the employee, the employer or the employer’s insurer, if accompanied by a certificate of a health professional that there has been a change in the condition of the employee.

(3)

Subject to the provisions of this Act, the Commissioner may, on a review under subsection (2), direct any periodical payment to the employee for temporary incapacity to be continued, increased, decreased or ended.

(4)

Any periodical payments for temporary incapacity may be commuted into a lump sum, of an amount agreed between the employer liable to make the periodical payments and the employee, after —

(a)

the periodical payments have continued for not less than 6 months; and

(b)

the Commissioner consents.

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the claim in respect of that work injury is withdrawn, and is not resumed, under section 41; (b)an order of refusal of compensation has been made or has taken effect, in respect of that work injury; or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

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

Terms defined in this Act

claim
Defined · s 2
“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;
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claimant
Defined · s 2
“claimant” means an injured individual claiming compensation under this Act;
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Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
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contract of service
Defined · s 2
“contract of service” has the meaning given by the Employment Act 1968;
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earnings
Defined · s 2
“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —(a)privileges or benefits capable of being estimated in money and productivity incentive payments;(b)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(c)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, but does not include the following amounts:(d)travelling allowances;(e)payments for any travelling concessions;(f)contributions paid by the employer towards any pension or provident fund for the employee;(g)payments to the employee to cover any special expenses incurred by the employee by reason of the nature of the employee’s employment;
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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;
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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.
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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;
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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;
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