Section 84: Medical examination

Finin2min analysis — what the section actually does

Full statutory text — Section 84

84. Medical examination.—(1) Where an 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 medical practitioner, submit himself for such examination,
and any employee who is in receipt of a half-monthly payment under this Chapter shall, if so required,
submit himself for such examination from time to time:
    Provided that an employee shall not be required to submit himself for examination by a medical
practitioner at more than such frequent interval as may be prescribed by the State Government.
    (2) If an employee, on being required to do so by the employer under sub-section (1) or by the
competent authority at any time, refuses to submit himself for examination by a 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 an employee, before the expiry of the period within which he is liable under sub-section (1) to be
required to submit himself for medical examination, voluntarily leaves the vicinity of the place in which he
was employed without having been so examined, his right to compensation shall be suspended until he
returns and offers himself for such examination:
    Provided that where such employee proves before the medical practitioner that he could not so submit
himself for medical examination due to the circumstances beyond his control and he was also handicapped
to communicate such information in writing, the medical practitioner may after recording such reasons in
writing, condone the delay and his right to compensation shall be revived as if no such suspension was
made.
    (4) Where an 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 competent authority may, if he thinks fit, direct the payment of compensation to the
dependants of the deceased 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 (ii) of sub-section (4) of section
76, the waiting period shall be increased by the period during which the suspension continues.
    (6) Where an injured employee has refused to be attended by a 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, if it is proved that the employee has not

thereafter been regularly attended by a 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 the employee had been regularly attended by a medical practitioner, whose instructions he
had followed, and compensation, if any, shall be payable accordingly.

How to apply this provision

1. Primary statutory test — (1) Where an 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 medical practitioner, submit himself for such examination, and any employee who is in receipt of a half-monthly payment under this Chapter shall, if so required, submit himself for such…
2. Additional operative limb — Provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the State Government.
3. Qualification / exception to test — Provided that an employee shall not be required to submit himself for examination by a medical practitioner at more than such frequent interval as may be prescribed by the State Government.
4. Numerical or timing control — Medical examination.—(1) Where an 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 medical practitioner, submit himself for such examination, and any employee who is in receipt of a…
5. Evidence file — retain facts and records proving the role/status of: Employer, Employee / worker, State Government, Authority / officer.

Rules, forms and cross-references

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Q&A — Section 84

Source & verification trail