In force2020 Revised Edition

Contents

Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process

41. Withdrawal and resumption of claim

(1)

An employee may withdraw the employee’s claim under this Act by giving a notice of withdrawal, in the manner required by the Commissioner, before any order of compensation is made or takes effect.

(2)

Despite having given a notice of withdrawal under subsection (1) or a deemed withdrawal under section 35(5), an employee may resume the claim for compensation for work injury arising from an accident —

(a)

not later than one year after the date of the accident — by giving a notice of resumption of the claim to the employer’s insurer or the Commissioner, as the case may be; or

(b)

more than one year after the date of the accident — if the Commissioner approves the employee’s application, made in the manner required by the Commissioner, to resume the claim.

(3)

Subject to subsection (4), the Commissioner may approve the resumption of the claim under subsection (2)(b) only if the Commissioner is satisfied that the delay was caused by mistake, absence from Singapore or other reasonable cause.

(4)

The Commissioner must not give the approval mentioned in subsection (2)(b) if the Commissioner is satisfied that the delay was caused by an action for damages being instituted by or on behalf of the employee in any court for compensation in respect of that accident.

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;
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
order of compensation
Defined · s 2
“order of compensation” means any of the following orders:(a)a notice of computation that, under section 44(5), has the effect of an order of compensation;(b)a notice of assessment that, under section 48(3), has the effect of an order of compensation;(c)an order made under section 51(2)(a) to give effect to a settlement agreement;(d)an order of refusal of compensation made at a pre‑hearing conference under section 52(d);(e)an order of compensation or refusal of compensation made under section 54(1)(c);
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