Section 11 of ECA : Section 11: Medical Examination

Explanation using Example

Imagine that Sarah, an assembly line worker at a manufacturing plant, injures her hand on the job. She notifies her employer about the accident and the employer offers to have her examined by a company-appointed doctor within three days, as per Section 11(1) of the Employee's Compensation Act, 1923. Sarah is obliged to accept this offer and get examined to continue her claim for compensation.

However, Sarah is skeptical about the impartiality of the company-appointed doctor and refuses to be examined. As a result, under Section 11(2), her right to compensation is suspended until she agrees to the examination. If Sarah continues to refuse without a valid reason, she may lose her compensation benefits for the period of her refusal.

In a different scenario, if Sarah decides to leave town immediately after the accident and before getting examined, as per Section 11(3), her compensation could be suspended until she returns and submits to the medical examination.

If, unfortunately, Sarah's condition worsens and she passes away due to the injury without having undergone the examination, under Section 11(4), the Commissioner has the authority to award compensation to her dependents, despite her previous refusal.

According to Section 11(5), if Sarah's refusal to get examined leads to a suspension, she wouldn't be eligible for compensation during the suspension period. Additionally, if the suspension occurred during the waiting period for compensation eligibility, that waiting period would be extended by the length of the suspension.

Lastly, if Sarah had refused the medical care provided by the employer or ignored the doctor's advice, resulting in a worsening of her condition, Section 11(6) states that her compensation might be adjusted. It would be based on the severity and duration of the injury as if she had followed the medical advice properly.