11Medical examination
(1) Where a 1[employee] has given notice of an accident, he shall, if the employer, before the expiry of three days from the time at which service of the notice has been effected, offers to have him examined free of charge by a qualified medical practitioner, submit himself for such examination, and any 1[employee] who is in receipt of a half monthly payment under this Act shall, if so required, submit himself for such examination from time to time:
Provided that a 1[employee] shall not be required to submit himself for examination by a medical practitioner otherwise than in accordance with rules made under this Act, or at more frequent intervals than may be prescribed.
(2) If a 1[employee], on being required to do so by the employer under sub-section (1) or by the Commissioner at any time, refuses to submit himself for examination by a qualified medical practitioner or in any way obstructs the same, his right to compensation shall be suspended during the continuance of such refusal or obstruction unless, in the case of refusal, he was prevented by any sufficient cause from so submitting himself.
(3) If a 1[employee], before the expiry of period within which he is liable under sub-section (1) to be required to submit himself for medical examination, voluntarily leaves without having been so examined the vicinity of the place in which he was employed, his right to compensation shall be suspended until he returns and offers himself for such examination.
(4) Where a 1[employee], whose right to compensation has been suspended under sub-section (2) or sub-section (3), dies without having submitted himself for medical examination as required by either of those sub-sections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants of the deceased 1[employee].
(5) Where under sub-section (2) or sub-section (3) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension, and, if the period of suspension commences before the expiry of the waiting period referred to in clause (d) of sub-section (1) of section 4, the waiting period shall be increased by the period during which the suspension continues.
(6) Where an injured 102[employee] has refused to be attended by a qualified medical practitioner whose services have been offered to him by the employer free of charge or having accepted such offer has deliberately disregarded the instructions of such medical practitioner, then, 3[if it is proved that the 2[employee] has not thereafter been regularly attended by a qualified medical practitioner or having been so attended has deliberately failed to follow his instructions and that such refusal, disregard or failure was unreasonable in the circumstances of the case and that the injury has been aggravated thereby, the injury and resulting disablement shall be deemed to be of the same nature and duration as they might reasonably have been expected to be if the2[employee] had been regularly attended by a qualified medical practitioner 4[whose instructions he had followed]., and compensation, it any, shall be payable accordingly.
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1. Subs. by Act 45 of 2009, s. 5, for "Workman" (w.e.f.18-1-2010).
2. Subs. by Act 45 of 2009, s. 5, for "workman" (w.e.f.18-1-2010).
3. Subs. by Act 9 of 1938, s. 6, for certain words.
4. Ins. by s. 6, ibid.
- 3 Employer's liability for compensation
- 4 Amount of compensation
- 4A Compensation to be paid when due and penalty for default
- 5 Method of calculating wages
- 6 Review
- 7 Commutation of half-monthly payments
- 8 Distribution of compensation
- 9 Compensation not to be assigned, attached or charged
- 10 Notice and claim
- 10A Power to require from employers statements regarding fatal accidents
- 10B Reports of fatal accidents and serious bodily injuries
- 11 Medical examination
- 12 Contracting
- 13 Remedies of employer against stranger
- 14 Insolvency of employer
- 14A Compensation to be first charge on assets transferred by employer
- 15 Special provisions relating to masters and seamen
- 15A Special provisions relating to captains and other members of crew of aircrafts
- 15B Special provisions relating to employees abroad of companies and motor vehicles
- 16 Returns as to compensation
- 17 Contracting out
- 17A Duty of employer to inform employee of his rights
- 18 [Repealed.]
- 18A Penalties