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Do you know who's responsible for your employee's occupational disease medical expenses?

by , 23 April 2015
Did you know: When it comes to paying your employee's occupational disease medical expenses, the responsibility belongs to the company!

More precisely, your company, the Director General or a mutual association are liable for paying reasonable costs of medical assistance for your employee.

The medical assistance will be paid for a period of not more than two years for a disease (Section 73.1 of COIDA).

The Commissioner will tell you who must pay and what the reasonable costs are. This is usually in the form of a letter.

All decisions for payment of medical assistance will be decided by the Director General (Section 75 of COIDA).

Keep in mind that the cost of medical assistance is calculated according to the tariff of  fees. This is also decided by the Director General (Section 76.1of COIDA).

If your company or a mutual association is liable for paying medical assistance costs, and you need to recover these costs from the Commissioner, your recovery can only be claimed if (Section 76.3 of COIDA):

•  It's larger than the tariff of fees;
•  The amount for that particular medical assistance hasn't been determined by the Commissioner; and
•  It's larger than what the Director General decides to be reasonable.

You can't demand or receive payment from your employee as a contribution to the cost of medical assistance (Section 77.1 of COIDA).

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Note that if you're convicted for non-compliance because you made your employee pay, the Director General will order you to repay the amount you took from the employee (Section 77.2 of COIDA).

If you provided employees with medical assistance that complies with COIDA, the Director General may approve your arrangements (Section 78.1 of COIDA).

If you've made arrangements approved by the Director General, the following conditions apply (Section 78.2, 3 of COIDA):

•  Your employees are entitled to the medical assistance you've arranged;
•  You'll only have to pay for that medical assistance;
•  The Director General may reimburse you if you aren't individually liable or reduce your tariff of assessment; and
•  The Director General can withdraw his approval or change these conditions at any time.

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