Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 2 · Compensation for Work Injury
18. Payment or deposit by employer’s insurer
Feedback & supportThe Commissioner may direct an employer’s insurer to pay, on behalf of the employer, any amount in respect of the compensation under section 16 or 17 or any amount under an order of compensation, not exceeding the amount of the employer’s liability for that compensation that is insured by the employer’s insurer.
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
Subject to subsection (3), where an employer’s insurer is required under subsection (1) or section 28 or 47 to pay any amount in respect of the employer’s liability for an employee’s claim, the employer’s insurer must pay the amount in the following manner within the prescribed time:
employer
“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.
unless paragraph (b), (c), (d) or (e) applies, to the employee;
unless paragraph (c), (d) or (e) applies, to the public trustee if —
the compensation is in respect of permanent incapacity or current incapacity resulting from the employee’s work injury; and (ii)the employee is below 18 years of age;
where the employee has died — to the executor or administrator of the employee’s estate, if the employer’s insurer has been informed that an executor or administrator has been appointed;
where the employee lacks capacity in relation to the employee’s property and affairs —
to a donee of a lasting power of attorney (if any) granted under the Mental Capacity Act 2008 on whom the employee has conferred authority to receive such payment; or
to a deputy (if any) who is appointed or deemed to be appointed for the employee under the Mental Capacity Act 2008 and is conferred power to receive such payment;
where the Commissioner so directs under section 20 — to any relative of the employee in accordance with the direction.
Where the Commissioner directs the employer’s insurer to deposit any amount mentioned in subsection (2) with the Commissioner under section 21, the employer’s insurer must comply with the direction in such manner and within such time as the Commissioner may specify.