|
|
楼主 |
2024-11-22 15:16:14
|
显示全部楼层
PART 4
COMPENSATION PROCESS
Division 1 — Overview
Deemed claim when employer has notice of accident
35.—(1) A claim for compensation under this Act is deemed to be made by an employee when the employer first has notice of an accident giving rise to the employee’s work injury.
(2) An employer has notice of an accident for the purposes of this Act when either of the following events occurs:
(a) the employee informs any of the following persons of the date and place of the accident and the cause of the injury:
(i) the employer;
(ii) the foreman or any other person under whose supervision the employee was employed at the time of the accident;
(iii) any person designated for the purpose by the employer;
(b) the employer has knowledge of the accident by any other means.
(3) Every employer must, within the prescribed time after the employer first has notice of an accident giving rise to work injury to any employee of the employer, give notice of the accident to —
(a) the Commissioner in the form and manner specified by the Commissioner; and
(b) the employer’s insurer in writing.
(4) An employee must, as soon as possible after sustaining a work injury in an accident, notify the employer or any of the other persons mentioned in subsection (2)(a).
(5) The employee’s claim under this Act is deemed to be withdrawn if the employer does not have notice of the employee’s accident at the end of whichever period specified in paragraph (a), (b) or (c) that ends last:
(a) one year after the date of the employee’s accident;
(b) if the employee dies within the period mentioned in paragraph (a), one year after the date of the employee’s death;
(c) any period ending on a later date specified under subsection (6).
(6) Subject to subsection (7), the Commissioner may specify a period for the purposes of subsection (5)(c) only if the Commissioner is satisfied that the delay was caused by mistake, absence from Singapore or other reasonable cause.
(7) The Commissioner must not specify a period for the purposes of subsection (5)(c) 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.
(8) An employer who fails to give notice of an accident to the Commissioner in accordance with subsection (3)(a) shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $5,000; or
(b) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(9) A person is a repeat offender in relation to an offence under subsection (8) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —
(a) an offence under subsection (8); or
(b) an offence under regulation 3(5) of the Work Injury Compensation Regulations (Cap. 354, Rg 1) as in force before 1 September 2020, whether the conviction was before, on or after 1 September 2020.
Processing of claim by employer’s insurer or Commissioner
36.—(1) Except where a claim for compensation under this Act is processed by the Commissioner, the employer’s insurer must process the claim in accordance with Division 2 of this Part.
(2) The Commissioner must process a claim for compensation under this Act in respect of an employee’s work injury in accordance with Division 3 of this Part if the Commissioner —
(a) is satisfied that there is no employer’s insurer insuring the employer’s liability in respect of the employee’s work injury under this Act; or
(b) decides to process the claim in any particular case, including under section 45(b) or 50(2)(b).
Duties in relation to medical examinations
37.—(1) Where 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.
(2) 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.
(3) The medical examinations mentioned in subsection (1) or (2) must be provided to the employee —
(a) free of charge, at the employer’s expense; and
(b) in accordance with regulations made under section 82 (if any).
(4) The employee’s right to compensation under this Act is suspended if —
(a) 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
(b) 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.
(5) Where a right to compensation is suspended under subsection (4), no compensation is payable in respect of the period of suspension.
(6) The Commissioner may lift the suspension under subsection (4) and direct the payment of any compensation that was withheld during that period if —
(a) the employee undergoes or has undergone any other medical examination approved by the Commissioner;
(b) the employee dies without submitting to the medical examination required of him or her; or
(c) the Commissioner is satisfied that there was reasonable cause for the employee’s failure to submit to the medical examination.
(7) 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 —
(a) 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.
Refusal of medical treatment
38. Where an employee refuses treatment by a health professional or fails to carry out or deliberately disregards the instructions of a health professional for the employee’s treatment, the Commissioner may direct as follows:
(a) where the employee is receiving any periodical payment of compensation for temporary incapacity under section 17 —
(i) that those payments be suspended until the employee undergoes the treatment or complies with those instructions; and
(ii) where the Commissioner is satisfied that the duration of the employee’s incapacity has been prolonged by the employee’s refusal, failure or disregard — that those payments also be restricted to such period, calculated from the date of the accident, as the incapacity of the employee might reasonably have been expected to have lasted, had the employee undergone the treatment and complied with those instructions;
(b) where the employee has been assessed to have suffered permanent incapacity or current incapacity and the Commissioner is satisfied that the incapacity has been aggravated by the employee’s refusal, failure or disregard — that compensation be paid to the employee appropriate to such incapacity as the employee might reasonably have been expected to have suffered if the employee had undergone the treatment and complied with those instructions.
Claim for permanent incapacity or current incapacity
39.—(1) Any employee who has made a deemed claim for a work injury under section 35 and who wishes to claim compensation for permanent incapacity or current incapacity arising from that work injury must make the claim, not later than one year after the date of the accident, for permanent incapacity or current incapacity.
(2) Subsection (1) does not apply where the employer’s insurer or the Commissioner notifies the employee that the employee is being assessed for permanent incapacity or current incapacity.
(3) A claim mentioned in subsection (1) must be —
(a) made in the form and manner required by the Commissioner; and
(b) accompanied by a written statement from a health professional certifying that, in the health professional’s opinion, the employee’s injury could give rise to permanent incapacity.
(4) Subject to subsection (2), compensation for permanent incapacity or current incapacity is not payable to an employee who fails to make a claim in accordance with subsections (1) and (3).
Employer must cooperate with employer’s insurer
40.—(1) In any proceedings in respect of an employer’s liability to pay compensation under this Act, the employer must provide all reasonable assistance to the employer’s insurer to enable the employer’s insurer to conduct the proceedings or the defence in those proceedings.
(2) If the employer fails to comply with subsection (1), the employer is liable to indemnify the employer’s insurer for the amount paid or deposited by the employer’s insurer under section 18 as a result of the proceedings.
Withdrawal and resumption of claim
41.—(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.
No compensation if claim withdrawn
42. Compensation is not payable to an employee while the employee’s claim —
(a) is deemed to be withdrawn under section 35(5); or
(b) is withdrawn under section 41(1).
Representative of claimant, employee, employer, employer’s insurer, etc.
43.—(1) Where this Act requires or permits any direction, notice, document or information to be given to or by a claimant, an employee, an employer, an employer’s insurer or a principal (A), the direction, notice, document or information may be given to or by A’s representative.
(2) Where A is required or permitted by or under this Act to —
(a) attend a pre-hearing conference or hearing (other than an appearance for examination as a witness);
(b) make, withdraw or resume any claim or make or withdraw any objection; or
(c) make any decision or do any act in relation to the processing of compensation, settlement or determination of any claim under this Act,
the attendance, decision or act may be made or done by A’s representative.
(3) For the purposes of subsection (1) or (2), A’s representative is any of the following:
(a) an advocate and solicitor duly authorised to act on behalf of A;
(b) where A lacks capacity within the meaning of the Mental Capacity Act 2008 —
(i) any donee of a lasting power of attorney which is granted by A under the Mental Capacity Act 2008 on whom A has conferred authority to manage A’s property and affairs, or matters relating to compensation under this Act;
(ii) any deputy who is appointed or deemed to be appointed for A under the Mental Capacity Act 2008 and is conferred power to manage A’s property and affairs, or matters relating to compensation under this Act; or
(iii) if A is a claimant or an employee, any relative of A, with the leave of the Commissioner;
(c) where A is dead —
(i) the executor or administrator of A’s estate; or
(ii) with the leave of the Commissioner, any relative of A, whether or not grant of representation of the estate has been obtained;
(d) where A is an employer or a principal —
(i) a person in A’s permanent and exclusive employment authorised by A; or
(ii) the employer’s insurer in respect of A;
(e) where A is an employer’s insurer, any representative authorised by A;
(f) with the leave of the Commissioner, any other person authorised in writing by A to act on A’s behalf.
(4) Where the Government is a party to any proceedings under this Act, the following persons are representatives of the Government:
(a) the head of the department by, in or under which the employee was employed;
(b) any officer of that department, authorised in writing by the head of that department;
(c) the Attorney-General or any person authorised by the Attorney‑General.
Division 2 — Processing by employer’s insurer
Insurer’s process
44.—(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.
Directions by Commissioner on designated insurer’s denial of coverage
45. Where an employer’s insurer gives notice to the Commissioner under section 44(2) denying, in whole or in part, that the employer’s liability under this Act in relation to the accident is insured by the employer’s insurer, the Commissioner may do any of the following:
(a) direct the employer to give notice of the accident to another designated insurer with whom the employer has an approved policy;
(b) give notice that the Commissioner will process the claim under Division 3 of this Part, and direct the employer’s insurer or the employer or both to do anything to facilitate the processing of the claim by the Commissioner;
(c) direct the employer’s insurer to continue to process the claim under this Division and issue a notice of computation in accordance with section 44(3).
Objection to notice of computation
46.—(1) Where any of the following persons is aggrieved by a notice of computation issued under section 44(3) in relation to a claim, that person may give the Commissioner a notice of objection:
(a) the claimant;
(b) the employer or any other person named in the notice of computation as being liable to pay any compensation under the claim;
(c) the employer’s insurer who issued the notice of computation.
(2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given —
(a) before the expiry of —
(i) 14 days after the date of service of the notice of computation; or
(ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub‑paragraph (i) expires; and
(b) in the form and manner required by the Commissioner.
(3) Any change to the computation of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)(a)(ii).
(4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner.
(5) If a notice of objection in respect of a notice of computation is accepted under subsection (2)(a)(ii) after the notice of computation has the effect of an order of compensation under section 44(5) —
(a) that order of compensation ceases to have effect, unless it has been enforced under section 60; and
(b) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph (a) is deemed to have effect under section 44(5) starting on the date of the withdrawal.
Payment of compensation by employer’s insurer
47. Where the employer is liable to pay an amount of compensation stated in a notice of computation that, under section 44(5), has the effect of an order of compensation, the employer’s insurer must, in accordance with section 18, pay or deposit that amount, up to the amount insured under that employer’s insurance policy with the employer’s insurer.
Division 3 — Processing by Commissioner
Assessment or reassessment by Commissioner
48.—(1) Where the Commissioner processes a claim, the Commissioner must serve a notice of assessment on the employer, the employer’s insurer (if any) and the claimant, 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, if the Commissioner is of the view that —
(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.
(2) Regulations made under section 82 may prescribe the circumstances in which the Commissioner need not serve a notice of assessment under subsection (1).
(3) Subject to section 49(5), a notice of assessment under subsection (1) that is served on the persons mentioned in that subsection is deemed to have been agreed upon by the persons served, and has the effect of an order of compensation —
(a) where no notice of objection under section 49 is received by the Commissioner within a period of 14 days after the date of service of the notice of assessment — on the 15th day after the date of service of the notice of assessment; 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 assessment — on the 29th day after the date of service of the notice of assessment.
(4) In any case of incapacity or death arising from an occupational disease, the Commissioner may reassess the compensation under section 10 at any time within 3 years after the date of the notice of computation or the notice of assessment in respect of the occupational disease, if the Commissioner is satisfied that —
(a) there has been an aggravation of the result of the occupational disease after the date of the notice of computation or notice of assessment; and
(b) the amount of compensation originally computed or assessed is substantially inadequate.
(5) The Commissioner must, where a reassessment under subsection (4) has been made, issue a notice of assessment of additional compensation payable by the employer and serve the notice on the persons mentioned in subsection (1).
(6) Unless otherwise prescribed, this section and section 49 apply to a notice of assessment of additional compensation under subsection (5) as they apply to a notice of assessment under subsection (1).
Objection to notice of assessment
49.—(1) Where any of the following persons is aggrieved by a notice of assessment issued by the Commissioner under section 48(1), or a notice of assessment of additional compensation issued by the Commissioner under section 48(5), in relation to a claim, that person may give the Commissioner a notice of objection:
(a) the claimant;
(b) the employer or any other person named in the notice of assessment as being liable to pay any compensation under the claim;
(c) the employer’s insurer (if any).
(2) A notice of objection under subsection (1) must state precisely the grounds of objection and must be given —
(a) before the expiry of —
(i) 14 days after the date of service of the notice of assessment; or
(ii) if the Commissioner is satisfied that the notice of objection was delayed by any error or fraud, other than by the person giving the notice of objection — 90 days after the period mentioned in sub‑paragraph (i) expires; and
(b) in the form and manner required by the Commissioner.
(3) Any change to an assessment of compensation due to the Medical Board’s assessment of incapacity is not an error for the purposes of subsection (2)(a)(ii).
(4) A person who has given a notice of objection may withdraw the objection by a notice given in the manner required by the Commissioner.
(5) If a notice of objection in respect of a notice of assessment is accepted under subsection (2)(a)(ii) after the notice of assessment has the effect of an order of compensation under section 48(3) —
(a) that order of compensation ceases to have effect, unless it has been enforced under section 60; and
(b) if the notice of objection is withdrawn before the Commissioner makes an order of compensation, the order of compensation mentioned in paragraph (a) is deemed to have effect under section 48(3) starting on the date of the withdrawal.
Division 4 — Resolution of disputes by Commissioner and
appeal to General Division of High Court
[40/2019]
Directions by Commissioner
50.—(1) Where the Commissioner has notice of an accident giving rise to any work injury, the Commissioner may direct the claimant, the employer, an insurer, the principal (if any) or any other person in connection with the claim to do anything to facilitate the compensation process under this Part, including any of the following:
(a) to attend a pre‑hearing conference mentioned in section 52 or a hearing under section 55;
(b) to provide any information or document to the employer’s insurer or the Commissioner.
(2) Where any person fails to comply with a direction under subsection (1) or section 52(a) or (b), without limiting the powers of the Commissioner, the Commissioner may do any of the following:
(a) stop the compensation process;
(b) where the compensation is being processed by the employer’s insurer, decide to process the compensation instead under section 36(2)(b);
(c) draw any adverse inference against that person, and issue a notice of assessment or make an order of compensation, as the case may be.
(3) Any direction made under subsection (1) or section 52(a) or (b) may be set aside or varied by the Commissioner on such terms as the Commissioner may specify.
(4) A person commits an offence if the person, without lawful excuse, fails to comply with a direction under subsection (1)(b) or section 52(a) and shall be liable —
(a) on the first conviction — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
(b) on a second or subsequent conviction — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
Settlement of compensation
51.—(1) Where a claimant and the employer or the employer’s insurer settle a claim for compensation under this Act, the claimant and the employer or employer’s insurer (as the case may be) may —
(a) enter into a settlement agreement, stating the amount of compensation payable, whether as a lump sum or a periodical payment; and
(b) apply for the settlement agreement to be recorded by the Commissioner as an order under subsection (2)(a).
(2) The Commissioner may —
(a) record the terms of the settlement and make any order to give effect to the settlement; or
(b) refuse to record the settlement and make a direction under section 50(1).
(3) Where a party to a settlement agreement recorded in an order under subsection (2)(a) applies, within the prescribed period and in the form and manner required by the Commissioner, to set aside the order, the Commissioner may —
(a) set aside the order if —
(i) the Commissioner is satisfied that the order should be set aside due to any error or fraud, other than by the applicant; and
(ii) there is no pending appeal under section 58 against the order; and
(b) make any direction under section 50(1) in respect of the claim.
Pre-hearing conference
52. At a pre-hearing conference, the Commissioner may consider any matter, including the possibility of settlement of all or any of the matters in dispute for the hearing, and may do one or more of the following:
(a) direct any person attending the pre‑hearing conference to provide any information and document to the Commissioner;
(b) make any direction for the fair and expeditious determination of any matter for hearing;
(c) where the claimant, the employer or the employer’s insurer agree to a settlement of some or all of the matters for the hearing, record the terms of the settlement and make an order under section 51(2)(a);
(d) make an order of refusal of compensation in respect of a claim, if the Commissioner is of the view that —
(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.
Failure to appear of one or more persons
53.—(1) If one or more of the persons directed under section 50(1)(a) to attend a pre‑hearing conference or a hearing fails to attend, the Commissioner may make a decision concerning the claim and make any order under section 54 as the Commissioner thinks just.
(2) An order made by the Commissioner in the absence of a party concerned or affected by the order may be set aside or varied by the Commissioner on the application of that party, on such terms as the Commissioner thinks just, unless an appeal under section 58 is pending against the order.
(3) Without limiting subsection (1), where any person who is required to attend a pre‑hearing conference or a hearing fails to attend the pre‑hearing conference or hearing, the Commissioner may adjourn the pre‑hearing conference or hearing, as the case may be.
Powers of Commissioner
54.—(1) The Commissioner has the power to do any of the following in determining the compensation payable under this Act:
(a) if any matter relating to medical evidence arises —
(i) obtain an accepted medical report on the matter; or
(ii) if an accepted medical report was used as evidence of the matter in making the notice of computation or notice of assessment objected to, refer the notice of objection to the Medical Board;
(b) if a notice of objection has been given under section 46 or 49, review the notice of computation or notice of assessment objected to, with or without conducting a hearing;
(c) make an order for the payment of compensation or refusal of compensation, as the Commissioner thinks just.
(2) In a review under subsection (1)(b), the Commissioner must disregard any ground of objection that is not contained in a notice of objection given in accordance with section 46(2) or 49(2), as the case may be.
(3) When making an order under subsection (1)(c), the Commissioner may also, subject to regulations made under section 82, order costs of and incidental to any proceedings before the Commissioner.
(4) When making an order under subsection (1)(c), the Commissioner may also order the claimant to refund or to reimburse any overpayment of the following payments if the Commissioner is satisfied that the overpayment was made on the basis of any error or any false or misleading information:
(a) any amount paid by any person as the claimant’s employer or the employer’s insurer as compensation payable in respect of a work injury under this Act;
(b) any ex gratia payment made under section 70 in respect of such compensation.
Hearing by Commissioner
55.—(1) Where the Commissioner holds a hearing for the purposes of this Act, the Commissioner has all the powers of a District Judge to summon and examine witnesses and administer oaths or affirmations and to compel the production of documents and material objects.
(2) The evidence of every witness must be recorded in writing or in any other suitable form of recording that can reduce the evidence to a readable form.
(3) Evidence recorded in writing or, if it is not recorded in writing, the transcript of the evidence recorded, must be signed by the Commissioner, and forms part of the record of the proceedings.
(4) The evidence of any witness may be recorded as a brief memorandum of the substance of the evidence, except that the evidence of any medical witness must be recorded as nearly as may be word for word.
(5) Every person who gives evidence before the Commissioner is bound to answer truthfully all questions put to that person by the Commissioner.
Experts to assist Commissioner
56. To assist the Commissioner in relation to any matter under this Act, the Commissioner may appoint one or more persons possessing special knowledge of any matter to advise the Commissioner on the matter.
Medical Board
57.—(1) The Minister may appoint a Medical Board to assist the Commissioner in matters relating to medical evidence for the purpose of determining the amount of compensation payable under this Act.
(2) Where a matter is referred to the Medical Board under section 54(1)(a) in relation to a claim, the Medical Board or a panel appointed under subsection (3) in relation to the matter —
(a) may require the claimant to submit to a medical examination by the Medical Board or the panel; and
(b) must submit a medical report on the claimant to the Commissioner.
(3) The Medical Board may appoint one or more panels consisting of 2 or more health professionals to carry out its functions under subsection (2).
(4) Subject to regulations made under section 82, the Medical Board and each panel may regulate its procedure in such manner as the Medical Board or panel (as the case may be) thinks fit.
(5) For the purpose of making an order under section 54(1)(c) in relation to the claim mentioned in subsection (2), the Commissioner must treat the medical report submitted under subsection (2)(b) in relation to the claim as conclusive evidence of the matters relating to medical evidence certified by that medical report.
Appeal to General Division of High Court
58.—(1) Subject to subsection (5), any person aggrieved by an order of compensation (called in this section the order appealed against) may appeal to the General Division of the High Court if —
(a) the appeal involves a substantial question of law; and
(b) the order is for refusal of compensation or for payment of compensation of an amount of compensation of $1,000 or more.
[40/2019]
(2) The procedure governing an appeal to the General Division of the High Court under subsection (1) is as provided for in the Rules of Court.
[40/2019]
(3) The decision of the General Division of the High Court in an appeal under subsection (1) is final.
[40/2019]
(4) Despite any appeal under subsection (1) —
(a) the employer or the employer’s insurer, if directed under section 21(1) to deposit with the Commissioner the amount of compensation stated in the order appealed against, must do so; and
(b) the deposit is to be held by the Commissioner pending the outcome of the appeal.
(5) No appeal under this section lies against 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 that has not been set aside under section 51(3).
Division 5 — Enforcement of orders and offences
Interest on compensation not paid or deposited in time
59.—(1) Where any person fails to pay or deposit compensation in accordance with section 18, 19 or 58(4)(a) (as the case may be) within the time required by or under this Act, interest is payable at the prescribed rate.
(2) The total amount of interest payable under subsection (1) must not exceed 50% of the amount of compensation that the person has failed to pay or deposit within the required time.
(3) Interest under this section must be deposited with the Commissioner within such time as the Commissioner may specify.
(4) The Commissioner may waive or remit the whole or any part of the interest payable under this section.
Enforcement of orders
60.—(1) An order of compensation is to be enforced by a District Court in the same manner as a judgment of that Court and all necessary process may be served by that Court on behalf of the Commissioner.
(2) Any sale of immovable property for the purposes of the enforcement may only be ordered by the General Division of the High Court.
[40/2019]
Offence for failing to pay or deposit compensation, etc., and recovery on conviction
61.—(1) A person who fails to pay the whole or any part of the compensation payable by that person in accordance with this Act (including section 18(2) or 19(1)), or to do so within the time required by or under this Act, shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.
(2) A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —
(a) an offence under subsection (1); or
(b) an offence under section 35(2)(a) of the repealed Act, whether the conviction was before, on or after 1 September 2020.
(3) A person who fails to deposit with the Commissioner the whole or any part of the interest payable by that person under section 59, or to do so within the time required under that section, shall be guilty of an offence and shall be liable on conviction —
(a) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or
(b) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) A person is a repeat offender in relation to an offence under subsection (3) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —
(a) an offence under subsection (3); or
(b) an offence under section 35(2)(b) of the repealed Act, whether the conviction was before, on or after 1 September 2020.
(5) A person who fails to deposit with the Commissioner the whole or any part of an amount that the person is directed to deposit under section 21, or to do so within the time required under that section, shall be guilty of an offence and shall be liable —
(a) on the first conviction — to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; and
(b) on a second or subsequent conviction — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.
(6) On the application of the Commissioner, the court before which any person is convicted of an offence under subsection (1), (3) or (5) for failing to pay or deposit any amount may, in addition to imposing the penalty prescribed for the offence, order that person to pay the amount directly to the person to whom the amount is due or deposit (as the case may be) the amount that remains unpaid or undeposited by that person.
(7) Where a court has ordered any amount to be paid or deposited under subsection (6), section 360 of the Criminal Procedure Code 2010 applies as if the amount were a sum of money ordered to be paid by way of compensation under section 359 of that Code.
Offence of false or misleading information to obtain or avoid compensation
62.—(1) A person who —
(a) makes any statement; or
(b) provides, or causes to be provided, any document or information,
that the person knows or ought reasonably to know is false or misleading in any material particular or is misleading by reason of the omission of any material particular, to the Commissioner or an investigation officer for the purposes of this Act shall be guilty of an offence and shall be liable on conviction —
(c) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; or
(d) if the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both.
(2) A person is a repeat offender in relation to an offence under subsection (1)(a) or (b) if the person who is convicted of an offence under subsection (1)(a) or (b) has been convicted on at least one other earlier occasion of —
(a) an offence under subsection (1)(a) or (b); or
(b) an offence under section 35(2)(c) of the repealed Act, whether the conviction was before, on or after 1 September 2020.
(3) A person who dishonestly —
(a) obtains compensation under this Act or causes another person to obtain such compensation; or
(b) avoids or causes another person to avoid the whole or part of that person’s, or that other person’s, liability to pay compensation under this Act,
by making any statement, or providing (or causing to be provided) any document or information, which that person knows or ought reasonably to know is false or misleading in any material particular or is misleading by reason of the omission of any material particular, shall be guilty of an offence and shall be liable on conviction —
(c) to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 12 months or to both; or
(d) if the person is a repeat offender, to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both.
(4) A person is a repeat offender in relation to an offence under subsection (3)(a) or (b) if the person who is convicted of —
(a) an offence under subsection (3)(a) has been convicted on at least one other earlier occasion of —
(i) an offence under subsection (3)(a) or (b); or
(ii) an offence under section 35(2)(f) of the repealed Act, whether the conviction was before, on or after 1 September 2020; or
(b) an offence under subsection (3)(b) has been convicted on at least one other earlier occasion of an offence under subsection (3)(a) or (b).
Division 6 — Action for damages and indemnity
Limitation of right of action for damages
63.—(1) This Act does not confer any right to compensation on an employee in respect of the employee’s injury if —
(a) an action in any court has been instituted by or on behalf of the employee for damages in respect of that injury against his or her employer; or
(b) damages have been recovered in any court in respect of the employee’s injury from his or her employer.
(2) Subject to subsections (3) and (5), no action for damages may be maintained in any court by or on behalf of an employee against the employer in respect of any injury caused by an accident arising out of and in the course of the employee’s employment if —
(a) the employee has recovered damages in respect of the employee’s injury in any court from any other person;
(b) an order is made under section 51(2)(a) to give effect to a settlement agreement in respect of compensation under this Act for that injury;
(c) a notice of computation, or a notice of assessment, for that injury has, under section 44(5) or 48(3), the effect of an order of compensation;
(d) the employee does not withdraw his or her claim in respect of compensation under this Act for that injury within 28 days after the date of service of the notice of computation or notice of assessment (as the case may be) or the claim, if so withdrawn, does not remain withdrawn; or
(e) an order for the payment of compensation for that injury is made under section 54(1)(c).
(3) An employee may institute an action in any court against his or her employer for damages in respect of an injury where —
(a) a notice of computation or notice of assessment (as the case may be) for compensation in respect of that injury is served on the employee, and the employee makes no objection to the notice;
(b) on review of the notice of computation or notice of assessment, the Commissioner makes an order under section 54(1)(c) for compensation in respect of that injury that is of a lesser amount than the amount stated in the notice;
(c) within a period of 28 days after the date of service of the order mentioned in paragraph (b) on the employee, the employee —
(i) notifies the Commissioner, the employer and the employer’s insurer (if any), in writing that the employee does not accept the compensation so ordered; and
(ii) has not received or retained any part of such compensation earlier paid (if any) by, or on behalf of, the employer; and
(d) no appeal under section 58 is made against the order mentioned in paragraph (b).
(4) The order mentioned in subsection (3)(b) becomes void when the employee institutes the action mentioned in subsection (3).
(5) Nothing in this Act prevents an injured individual from instituting an action in any court to recover damages independently of this Act for an injury in respect of which —
(a) an order of refusal of compensation has been made or has taken effect; or
(b) an appeal to the General Division of the High Court under section 58 has failed because —
(i) the injury did not arise out of and in the course of the injured individual’s employment; or
(ii) the injured individual is not an employee within the meaning of this Act.
[40/2019]
(6) If —
(a) an action is instituted by or for an employee within one year after the date of the accident in any court to recover damages independently of this Act for injury caused by any accident; and
(b) it is determined in the action or on appeal that the injury is one for which the employer is not liable, but that the employer would have been liable to pay compensation under this Act,
the court must —
(c) dismiss the action; and
(d) if the employee so chooses, proceed to assess the compensation payable under this Act (despite subsection (1)) and may deduct from the compensation all or any part of the costs which, in the judgment of the court, are caused by the employee instituting the action instead of proceeding under this Act.
(7) Where the court assesses the compensation under subsection (6)(d), the court must give a certificate of —
(a) the compensation awarded; and
(b) the direction given (if any) as to the deduction of costs.
(8) A certificate mentioned in subsection (7) has the same effect as a judgment of the court.
Remedies against both employer and third party
64.—(1) Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (called in this section the third party) to pay damages in respect of the injury —
(a) the employee may take proceedings against the third party to recover damages and may claim against any person liable to pay compensation under this Act, but the employee is not entitled to recover both damages and compensation; and
(b) where the employee has recovered compensation under this Act, the following persons are entitled to be indemnified by the third party:
(i) the person by whom the compensation was paid;
(ii) the employer who has indemnified a principal who paid the compensation under section 13(3).
(2) Subsection (3) applies where the right to recover damages from any third party, in respect of any injury caused to an employee by an accident arising out of and in the course of the employee’s employment, is reduced by virtue of any wilful act or negligence of the employer or employee.
(3) The right to be indemnified by the third party under subsection (1)(b) is limited to a right to be indemnified in respect of part of the total compensation paid or payable in such proportion as the court may determine as is appropriate to the degree to which the injury was attributable to the act, default or negligence of the third party.
|
|
【全网最全】31个省市！残保金政策汇编及申
全网最全｜2022年失业保险稳岗补贴政策汇总
2021年个税汇算容易出现哪些错误？税务总局
【全网最全】历史上最高规模退税减税！2022
京公网安备 11010802035448号
( 京ICP备19053597号-1,电话18600416813,邮箱1479971814@qq.com ) 了解Tax100创始人胡万军
优化与建议
隐私政策