Section 16: Medical examination in first instance
consolidated text (as at 2011). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
16. Medical examination in first instance
(1) Where a workman has given notice of an accident, or where an accident has occurred in respect of which the necessity of giving notice under
this Act is dispensed with, he shall, if so required by the employer, submit
himself for examination by a medical practitioner provided and paid by the
employer.
(2) The workman shall, when required, attend upon that medical practitioner at any reasonable time and place notified to the workman by the
employer.
(3) Where the workman is, in the opinion of a medical practitioner, unable or not in a fit state to attend on the medical practioner named by the
employer, that fact shall be notified to the employer by the workman, and
the employer shall fix a time and place for the medical practitioner named to
attend on the workman and shall send notice accordingly to the workman.
(4) Where the workman refuses or wilfully neglects, to submit himself to
the examination, or in any way wilfully obstructs or unnecessarily delays the
examination, his right to compensation, and to take or prosecute any proceedings under this Act in relation to compensation, shall be suspended until
the examination has taken place.
(5) The workman may, at his own expense, have his own medical practitioner present at an examination under this section.
W9 – 11 [Issue 1]
Workmen’s Compensation Act
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Questions this section answers
- Can my employer require me to be examined by their own doctor after a work injury?
- What happens to my compensation claim if I refuse the employer's medical examination?