Skip to content
In forceAmended2020 Revised Edition
Contents

Part 4 · Compensation Process

44. Employer’s insurer’s process

Feedback & support
Amended

Last amended by an amending law of 2024.

(1)

The employer’s insurer must process the employer’s liability to pay compensation in accordance with this Act expeditiously —

(a)

on receipt of a notice of an accident from the employer under section 35(3)(b);

(b)

on receipt of a notice of resumption of the claim under section 41(2)(a); or

(c)

on the Commissioner’s direction.

(2)

If the employer’s insurer is of the view that the employer’s insurance policy with the employer’s insurer does not insure the employer’s liability to the claimant in respect of the accident, the employer’s insurer must notify the Commissioner and the employer within the prescribed time.

(3)

If the Commissioner is not notified in accordance with subsection (2), the employer’s insurer must process the claim and serve a notice of computation on the claimant and the employer, stating —

(a)

the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or

(b)

that compensation is refused because —

(i)

the accident to which the claim relates did not arise out of or in the course of the claimant’s employment with the employer; or (ii)the claimant was not an employee within the meaning of this Act.

(4)

Regulations made under section 82 may prescribe the circumstances in which the employer’s insurer need not serve a notice of computation under subsection (3).

(5)

Subject to section 46(5), a notice of computation under subsection (3) that is served on the claimant and the employer is deemed to have been agreed upon by them, and has the effect of an order of compensation —

(a)

where no notice of objection under section 46 is received by the Commissioner within a period of 14 days after the date of service of the notice of computation — on the 15th day after the date of service of the notice of computation; or

(b)

where all notices of objection so received by the Commissioner are withdrawn within a period of 28 days after the date of service of the notice of computation — on the 29th day after the date of service of the notice of computation.

(6)

For the purposes of subsection (5) and section 46(2), where an employer’s insurer issues a notice of computation, the date the notice of computation is issued is deemed to be the date of service of the notice of computation on the employer’s insurer.

Report

Part 5

Application of Act to Seafarers

Part 6

Powers for Execution of Act

Part 7

General Provisions on Offences

Part 8

Miscellaneous

Schedules