Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
37. Duties in relation to medical examinations
Feedback & supportWhere an employee is injured by an accident arising out of and in the course of the employee’s employment with an employer, the employer must offer the employee a medical examination by a health professional before the expiry of the 5th day after the employer first has notice of the accident.
employee
“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;
An employee must, if required by the employer or the Commissioner to undergo one or more medical examinations for the purpose of processing the employee’s claim under this Act, submit to the medical examinations.
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.
The medical examinations mentioned in subsection (1) or (2) must be provided to the employee —
free of charge, at the employer’s expense; and
in accordance with regulations made under section 82 (if any).
The employee’s right to compensation under this Act is suspended if —
the employee fails to submit to a medical examination reasonably required by the employer or the Commissioner under subsection (2) — until the employee submits to the medical examination; or
the employee cannot be contacted to attend a medical examination because the employee has not informed the employer about his or her contact details or change in contact details — until the employee so informs the employer and submits to the medical examination.
Where a right to compensation is suspended under subsection (4), no compensation is payable in respect of the period of suspension.
The Commissioner may lift the suspension under subsection (4) and direct the payment of any compensation that was withheld during that period if —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
the employee undergoes or has undergone any other medical examination approved by the Commissioner;
the employee dies without submitting to the medical examination required of him or her; or
the Commissioner is satisfied that there was reasonable cause for the employee’s failure to submit to the medical examination.
If the employee’s failure to submit to a medical examination required by the Commissioner under subsection (2) continues beyond 3 months after the date fixed for the medical examination, no compensation is payable in respect of the employee’s work injury unless —
work injury
“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;
the work injury results in the death of the employee; or (b)the Commissioner is satisfied that there was reasonable cause for the employee’s failure to do so.