Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part II · Workmen’S Compensation for Injury
15. Approved hospitals and special hospitals
Feedback & supportThe Minister of Health shall from time to time by notification in the Gazette declare which hospitals are approved hospitals for
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Workmen’s Compensation the purpose of this Act; and, where a workman is so injured that a registered medical practitioner certifies that his treatment in an approved hospital is necessary, the employer shall at his own expense cause such workman to be conveyed to and from such approved hospital for treatment in such manner as in the opinion of the registered medical practitioner is appropriate to his condition.
workman
“workman”, subject to the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period: Provided that the following persons are excepted from the definition of “workman”— (a) any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month; (b) a person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; (c) a domestic servant; (d) any person who is a member of the armed forces or of any visiting force lawfully present in Malaysia; (e) any person in the civil employment of Her Britannic Majesty’s Government in the United Kingdom, or in any other country of the Commonwealth whose contract of service was not made in Malaysia nor in Singapore; (f) a person employed, or selected for employment, in a civil capacity by the Government of Malaysia or by the Government of any State or by any local authority before 1 April 1953 in the application of this Act in Peninsular Malaysia, and before 1 January 1957 in the application of this Act in Sarawak where, in consequence of injury received by any such person in the discharge of his duties, a pension, gratuity or other allowance which would not be payable if such injury were received otherwise is paid to him or, in the case of his death, to any of his dependants as defined in this Act under any written law for the time being in force in Malaysia or any part thereof providing for the grant of such pension, gratuity or other allowance (this paragraph shall not apply in Sabah); (g) any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties; (h) an out-worker; (i) a tributer; (j) any member of the family of the employer who dwells with him in his house; *(k) any class of persons whom the Minister may declare not to be workmen for the purposes of this Act. *NOTE—see P.U.…
Where the Minister of Health is satisfied that suitable equipment and supervision are available in any hospital for the treatment and convalescence of injured workmen and especially for giving them treatment for the re-education of injured parts and the restoration, so far as practicable, of bodily powers and general health, he may by notification in the Gazette declare such hospital to be a special hospital for the purpose of this Act; and any injured workman may be admitted for treatment to such special hospital on the recommendation of the registered medical practitioner in charge of an approved hospital, provided that the registered medical practitioner in charge of such special hospital certifies that in his opinion such treatment will benefit the workman.
Where any injured workman is admitted or attends for treatment under paragraph (a) in a special hospital, his employer shall at his own expense cause such workman to be conveyed to and from such special hospital as the registered medical practitioner in charge of such special hospital shall direct.
Where an injured workman is admitted to or treated at either an approved or a special hospital, the employer shall, in addition to the payment of compensation to the workman or, where the workman’s death supervenes, to that workman’s dependants, be liable to pay directly to the management of such hospital all ward fees and treatment fees in respect of such workman and the cost of such medicines and of such artificial limbs, wheelchair, and surgical appliances (including the cost of renewal of such artificial limbs, wheelchair and surgical appliances) as are certified by the registered medical practitioner in charge of the approved or special hospital to be reasonably necessary and which are in fact supplied to such workman:
special hospital
“special hospital” means a hospital declared to be such under subsection 15(2);
Provided that the Minister shall from time to time by notification in the Gazette prescribe the maximum amounts for which an employer shall be liable in respect of the several fees and costs specified in this subsection.
employer
“employer” includes the Government of Malaysia and the Governments of each of the States; in respect of civilian employees engaged in Malaysia or in Singapore of any visiting force lawfully present in Malaysia or of any person in the civil employment of the Government of any Commonwealth country, whose contract of service was made in Malaysia or in Singapore, the Government of that Commonwealth country; any local authority; any person or body of persons whether statutory or incorporated or not; the legal personal representative of a deceased employer; and in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the said club: Provided that where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
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If the injured workman refuses treatment at an approved or special hospital any award of compensation made to him may, at the instance of the employer, be suspended or reviewed by the
Commissioner.
Commissioner
“Commissioner” means— (a) in relation to Peninsular Malaysia, the Director General of Labour and all Deputy Directors General of Labour, State Directors of Labour and Assistant State Directors of Labour appointed under the Employment Act 1955 and includes such Labour Officers appointed under the said Act as the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner by this Act; (b) *in relation to Sabah, the Director of Labour appointed under the Labour Ordinance of Sabah and includes a Deputy Director, an Assistant Director and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act; (c) in relation to Sarawak, the Commissioner of Labour appointed under the Labour Ordinance of Sarawak and includes a Deputy Commissioner, an Assistant Commissioner and any Labour Officer appointed under the said Ordinance whom the Minister may declare to be vested with all or any of the powers conferred or duties imposed upon the Commissioner under this Act;