Artikel 40

1. Workers having sustained an occupational injury or contracted an occupational disease and:
(a) who are temporarily resident in the territory of a Contracting Party other than the competent State, or
(b) who, having become entitled to benefits payable by the competent institution, are authorised by that institution to return to the territory of a Contracting Party other than the competent State where they are resident, or to transfer their residence to the territory of a Contracting Party other than the competent State, or
(c) who are authorised by the competent institution to go to the territory of a Contracting Party other than the competent State in order to receive the treatment required by their condition, shall receive: (i) benefits in kind, provided at the expense of the competent institution by the institution of the place of residence or temporary residence in accordance with the provisions of the legislation applied by the latter institution, as if these workers were affiliated to it, for a period not exceeding any period which may be prescribed by the legislation of the competent State;
(ii) cash benefits, paid by the competent institution in accordance with the provisions of the legislation which it applies, as if these workers were in the territory of the competent State. However, by agreement between the competent institution and the institution of the place of residence or temporary residence, cash benefits may be paid through the latter institution, on behalf of the competent institution.
(i) benefits in kind, provided at the expense of the competent institution by the institution of the place of residence or temporary residence in accordance with the provisions of the legislation applied by the latter institution, as if these workers were affiliated to it, for a period not exceeding any period which may be prescribed by the legislation of the competent State;
(ii) cash benefits, paid by the competent institution in accordance with the provisions of the legislation which it applies, as if these workers were in the territory of the competent State. However, by agreement between the competent institution and the institution of the place of residence or temporary residence, cash benefits may be paid through the latter institution, on behalf of the competent institution.
2. (a) The authorisation referred to in sub-paragraph (b) of the preceding paragraph may be refused only if the move might prejudice the health or the course of medical treatment of the worker;
(b) the authorisation referred to in sub-paragraph (c) of the preceding paragraph shall not be refused when the requisite treatment cannot be given in the territory of the Contracting Party in which the worker resides.