Employees’ Compensation

Claim case sharing

How can an employer facilitate employees’ compensation claims settlement if an employee has a period of sick leave exceeding 7 days and has failed to have a medical assessment?

If an employees' compensation case is not settled due to the employee's failure to complete the sick leave clearance procedure or medical assessment long after recovery and resumption of work, what can an employer do to facilitate the settling of the claim?

In the above circumstance, the employer can settle the case through the paper sick leave clearance scheme for outstanding cases. 

The employer can complete an application form available at the offices of the Employees’ Compensation Division, stating "Application for Paper Sick Leave Clearance for Outstanding Cases" and send it with the relevant information, such as proof of sick leave payment and all of the employee’s sick leave certificates to the appropriate Employees’ Compensation Division branch office. The Employees' Compensation Division of the Labour Department will issue a final reminder of sick leave clearance to the employee depending on the circumstances. If the employee does not respond in a reasonable period, the Employees' Compensation Division will presume that the employee is not suffering from any permanent incapacity or has abandoned his claim for compensation for permanent incapacity. A Certificate of Compensation Assessment (Form 5) will then be issued to both the employer and the employee.

In this way, the employer can send the original of Form 5, sick leave certificate(s) and periodical payments record to the insurance company in order to settle the employees’ compensation claim. 

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