On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/06/2012.
11.
—(1) Except as provided in this section, proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless —
(a)
notice of the accident has been given to the employer by or on behalf of the employee as soon as practicable after the happening thereof;
(b)
a claim for compensation with respect to that accident has been made within one year from the happening of the accident causing the injury, or, in the case of death, within one year from the date of the death; and
(c)
the claim has been made in such form and manner as the Commissioner may determine.
[34/80; 5/2008]
(2) No notice to the employer shall be necessary where a fatal accident has occurred.
(3) The want of or any defect or inaccuracy in a notice shall not be a bar to the maintenance of proceedings if —
(a)
the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident; or
(b)
it is found in the proceedings for settling the claim that the employer is not, or would not be, if a notice or an amended notice were then given and the hearing postponed, prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Singapore or other reasonable cause.
(4) Subject to subsection (4A), the making of a claim after the lapse of the period specified in subsection (1) shall not be a bar to the maintenance of proceedings if it is found that the delay was occasioned by mistake, absence from Singapore or other reasonable cause.
(4A) The making of a claim after the lapse of the period specified in subsection (1) shall be a bar to the maintenance of proceedings in respect of an accident if it is found that the delay was occasioned by the claimant having instituted an action for damages in any court for compensation with respect to that accident if —
(a)
the accident occurs on or after the date of commencement of the Work Injury Compensation (Amendment) Act 2011 (referred to in this subsection as the appointed day); or
(b)
the accident occurred before the appointed day, and the claim is made after the expiry of the period of 12 months beginning on the appointed day.
(4B) For the purposes of subsections (4) and (4A), it is immaterial whether there were any previous claims made in respect of that accident.
(5) Notice to the employer (or, if there is more than one employer, to one of such employers) in respect of an injury may be given either in writing or orally or to the foreman or other person under whose supervision the employee was employed, or to any person designated for the purpose by the employer, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident happened.
[5/2008]
(6) The notice if in writing may be given by delivering the notice at, or sending it by registered post addressed to, the residence or place of business of the person to whom it is to be given.
12.
—(1) Every employer shall give notice to —
(a)
the Commissioner in such form and manner as the Commissioner may determine; and
(b)
his insurer in writing,
of the occurrence of every prescribed event that may give rise to a claim for compensation under this Act within the time prescribed for that event.
[5/2008]
(2) [Deleted by Act 5 of 2008]
(3) For the purposes of this section, “employer” shall include the person, if any, referred to in section 17 as the principal.
12A.
—(1) Where any claim for compensation has been made under this Act by an employee or by a person acting on behalf of an employee who is dead or mentally incapacitated, and the Commissioner has reason to believe that there is a change during the currency of the claim in the address used by the employee or the person for the purposes of the claim, the Commissioner may serve a notice on the employee or the person, as the case may be, requesting for particulars of any change in address.
[5/2008]
(2) Subject to subsection (3), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, on whom the Commissioner has served a notice under subsection (1) shall, within a period of 14 days after the service of the notice, inform the employee’s employer and the Commissioner, in writing or in person, of any change in address.
[5/2008]
(3) Subsection (2) shall not apply if the compensation has been fully paid in accordance with this Act.
[5/2008]
(4) Notwithstanding section 13(4), if an employee or the person acting on behalf of an employee who is dead or mentally incapacitated fails, without reasonable cause, to notify the Commissioner of any change in the address as is required by subsection (2), the employee’s right to compensation shall be suspended from the 15th day after the Commissioner has served a notice under subsection (1) on the employee or the person, as the case may be.
[5/2008]
(5) Any suspension under subsection (4) shall cease upon the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, providing the particulars of any change in the address used by the employee or the person for the purposes of the claim.
[5/2008]
(6) If at the end of 3 months after the Commissioner has served a notice referred to in subsection (1), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, still fails to provide the particulars of any change in the address to the Commissioner as requested by that notice, then notwithstanding section 13(4), no compensation under this Act shall be payable in respect of the claim to which the notice relates unless the Commissioner is satisfied that there was reasonable cause for the failure.
[5/2008]
13.
—(1) When notice of an accident has been given to an employer by an employee or on the employee’s behalf, the employer shall, before the expiry of the 5th day after the giving of the notice, offer to have the employee examined free of charge by a medical practitioner, and the employee shall submit himself for such medical examination.
[5/2008]
(1A) Any employee who is in receipt of any periodical payment of compensation for temporary incapacity under this Act shall, if required by the employer, submit himself for such examination from time to time.
[16/90; 5/2008]
(1B) An employee shall not be required to submit himself for examination otherwise than in accordance with regulations made under this Act.
[16/90; 5/2008]
(2) [Deleted by Act 5 of 2008]
(3) If an employee, on being required to do so by the employer under subsection (1) or (1A) or by the Commissioner, at any time fails to submit himself for examination by a medical practitioner, his right to compensation shall be suspended until the examination has taken place; and if the failure extends over a period of 3 months from the date when the employee was required to submit himself for examination by the Commissioner, no compensation shall be payable in respect of any injury to the employee resulting from the accident unless the injury results in the death of the employee or unless the Commissioner is satisfied that there was reasonable cause for the failure.
[34/80; 5/2008]
(4) If an employee having been so required, and before the expiry of the period within which he is liable under subsection (1) to submit himself for medical examination, voluntarily leaves, without having been so examined, the place at which he was residing at the time of the accident, his right to compensation shall be suspended until he notifies his employer of his new address and offers himself for such examination.
[5/2008]
(5) Where an employee whose right to compensation has been suspended under subsection (3) or (4) dies without having submitted himself for medical examination as required by those subsections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants or the estate of the deceased employee.
[5/2008]
(6) Where under subsection (3) or (4) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.
(7) Where an injured employee has refused to be treated by a medical practitioner or has failed to carry out or deliberately disregarded the instructions for his treatment, then —
(a)
where the employee is in receipt of any periodical payment of compensation for temporary incapacity under the provisions of this Act, the Commissioner may order the suspension of those payments until the employee accepts such treatment or has carried out such instructions, and may further, where the Commissioner is satisfied that the duration of the employee’s incapacity has been prolonged by such refusal, failure or disregard, order those payments to be restricted to such period, calculated from the date of injury, as the disability of the employee might reasonably have been expected to have lasted for, had he accepted treatment and followed instructions; or
(b)
where the employee has suffered permanent incapacity and the Commissioner is satisfied that the incapacity has been aggravated by such refusal, failure or disregard, the Commissioner may order that compensation be paid to the employee appropriate to such incapacity as he might reasonably have been expected to have suffered if he had been regularly treated by a medical practitioner.
[16/90; 5/2008]
14.
—(1) The Minister shall from time to time prescribe which hospitals are approved hospitals for the purpose of this Act.
[5/2008]
(2) Where personal injury by accident arising out of and in the course of employment is caused to —
(a)
an employee and the injured employee receives medical treatment by a medical practitioner or at an approved hospital for his injury, being medical treatment that is certified by any attending medical practitioner to be necessary; or
(b)
an employee referred to in section 2(4) or (4A) and the injured employee receives medical treatment —
(i)
outside Singapore for the accident which occurs outside Singapore; and
(ii)
which, in the view of the Commissioner, requires immediate medical treatment due to the nature of injury suffered by the employee,
the employer of the employee shall be liable to pay compensation in accordance with paragraph 5 of the Third Schedule for the medical treatment received by the employee.
[5/2008]
(3) Any compensation under subsection (2) for medical treatment received by an employee at an approved hospital for personal injury by any accident arising out of and in the course of the employment shall be paid directly to the proprietor of the approved hospital, after deducting any amount previously paid by the employee in relation to the medical treatment; and the proprietor of an approved hospital shall be entitled to recover such compensation (less those deductions) directly from the employer.
[5/2008]
(4) Where an employee has paid for the cost of any medical treatment which an employer is liable to pay under subsection (2), the employee shall be entitled to recover such cost from the employer.
[5/2008]
(5) If the injured employee refuses treatment at an approved hospital and the treatment is certified by a medical practitioner to be necessary, any order of compensation made to him may, at the instance of the employer, be suspended or reviewed by the Commissioner.
[5/2008]
14A.
—(1) Where any injury by accident arising out of and in the course of employment results in the temporary incapacity of an employee, the compensation the employer shall pay to the employee shall be a periodical payment of the amount prescribed in paragraph 4 of the Third Schedule.
[5/2008]
(2) Such compensation in respect of injury resulting in temporary incapacity of an employee shall be in accordance with paragraph 4 of the Third Schedule, and shall be payable not later than the same day as earnings would have been payable to the employee under the contract of service or apprenticeship under which he was employed at the time of the accident (except that the interval between periodical payments shall in no case exceed one month) even though —
(a)
no claim for compensation in respect of that injury is made under this Act; or
(b)
a claim for compensation in respect of that injury has not been assessed or determined by the Commissioner.
[5/2008]
(3) Notwithstanding any other provision of this Act, the Commissioner may order the employee to refund to the employer any payment made by the employer under subsection (1) if —
(a)
the employee fails to make any claim for compensation within the time limited by and in accordance with section 11;
(b)
the employee withdraws his claim for compensation;
(c)
the Commissioner has determined that no compensation be paid to the employee; or
(d)
it has come to the attention of the Commissioner that the employee has made a false claim.
[5/2008]
15.
—(1) Any periodical payment for temporary incapacity payable under this Act may be reviewed by the Commissioner on the application of the employer or of the employee accompanied by a certificate of a medical practitioner that there has been a change in the condition of the employee.
[16/90; 5/2008]
(2) Any periodical payment for temporary incapacity may, on review under this section, and subject to the provisions of this Act, be continued, increased, decreased or ended.
[16/90; 5/2008]
16. Any periodical payments for temporary incapacity may, where the payments have been continued for not less than 6 months, be commuted into a lump sum of such amount as may be agreed to by the parties and consented to by the Commissioner.
[16/90; 5/2008]