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Liability of employer for expenses of conveyance to place of treatment and for expenses of treatment

Cap. 303, s. 6 · Revised Edition 2020

(1) In every case where injury arising out of and in the course of his employment has been sustained by a workman, the employer shall irrespective of whether the workman is disqualified for compensation under section 3 of this Act be liable to pay to the workman or to any other person advancing the same the reasonable expenses of conveying, where necessary, the injured workman from the place of the accident to the place of treatment and thence to his residence. (2) Where or is immediately required as a result of bodily injury (including fatal injury) to a workman arising out of and in the course of his employment and the treatment or examination so required (in this section referred to as “emergency treatment”) is 14 effected by a medical practitioner, the employer shall irrespective of whether the workman is disqualified for compensation under section 3 of this Act be liable to pay to the practitioner, (a) a fee prescribed by regulations made under this Act in respect of each workman in whose case emergency treatment is effected by the practitioner; and (b) a sum in respect of any distance which the practitioner must cover in order to proceed from the place whence he is summoned to the place where the emergency treatment is carried out by him and to return to the first mentioned place, equal to the travelling allowance paid by the Government to officers in the employment of Government, provided that the minimum sum to which the medical practitioner shall be entitled shall not in any case be less than the amount to which the practitioner would be entitled had he travelled a distance of two miles. (3) The employer shall irrespective of whether the workman is disqualified for compensation under section 3 of this Act, be liable to pay to the workman or to any other person providing the same the reasonable cost, charges and expenses (which shall include travelling expenses necessary as a result of periodic medical treatment prescribed by a medical practitioner and also expenses incurred by the workman in establishing his claim to compensation, provided he does so successfully) in respect of any medical treatment given to the workman in consequence of any personal injury sustained by him and arising out of and in the course of the workman’s employment by that employer, such cost, charges and expenses being adjusted to the workman’s station in life and his actual physical condition occasioned by the injury.
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