Work Injury Compensation Act 2019 · 2020 Revised Edition · Part 4 · Compensation Process
44. Employer’s insurer’s process
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The employer’s insurer must process the employer’s liability to pay compensation in accordance with this Act expeditiously —
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.
on receipt of a notice of an accident from the employer under section 35(3)(b);
on receipt of a notice of resumption of the claim under section 41(2)(a); or
on the Commissioner’s direction.
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.
claimant
“claimant” means an injured individual claiming compensation under this Act;
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 —
Commissioner
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act 1968;
the amount of compensation payable in respect of the claim, computed in accordance with the First Schedule; or
that compensation is refused because —
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.
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).
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 —
order of compensation
“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);
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
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.
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.