wica guide (english)

8/2/2019 WICA Guide (English)

1/16


2/16


3/16

Overview o the Work Injury Compensation Act

Who are eligible to claim Work Injury Compensation ?

Who are not eligible to claim Work Injury Compensation ?

When is Work Injury Compensation payable ?

What are the compensation bene ts ?

Is Work Injury Compensation insurance compulsory ?

Who, when and how to report an accident ?

Is legal representation required or purpose o claimingWork Injury Compensation?

Procedure or claiming Work Injury Compensation

Step 1 Reporting an accident

Step 2 Filing a Work Injury Compensation Claim

Step 3 Undergoing Medical Assessment

Step 4 Assessing Compensation Payable

Step 5 Making an Election to claim Work InjuryCompensation

Step 6 Resolving and Adjudicating Dispute

Flowchart or the Work Injury Compensation Claims Process

O ences And PenaltiesAppendix: Table 1 - List o multiplying actors

03

03

0304

04

06

07

07

08

08

08

08

09

10

10

12

1314

Contents


4/16

The Work Injury Compensation Act provides an expedient, low-costcompensation system that is an alternative to claiming or damagesunder the common law. Unlike civil claims, compensation is generallypayable under the Act regardless o who is at ault, as long as an

employee su ers an injury by accident arising out o and in the course o employment. In exchange, the compensation under the Act is capped.Once he decides to pursue his claim under the Act, he will generally nolonger be able to exercise his option to sue his employer under commonlaw.

Who are eligible to claim Work Injury Compensation?

Employees who sustain injuries or died in a work-related accidentare entitled to claim work injury compensation. Employees whocontracted occupational diseases arising out o their work can also claimcompensation under the Act.

The Work Injury Compensation Act covers all employees in general whoare engaged under a contract o service or o apprenticeship, regardlesso their level o earnings.

Who are not eligible to claim Work Injury Compensation?

Sel -employed persons, independent contractors, domestic workers,members o the Singapore Armed Forces, o cers o the Singapore PoliceForce, the Singapore Civil De ence Force, the Central Narcotics Bureauand the Singapore Prisons Service are not covered by the Work InjuryCompensation Act.

Overview o the Work InjuryCompensation Act

03


5/16

When is Work Injury Compensation payable?

Compensation is payable when an employee su ers personal injury byaccident arising out o and in the course o employment. An accidentarising in the course o an employees employment (i.e. during workinghours or while on o cial duties) is regarded as having arisen out o thatemployment, unless there is evidence to prove otherwise.

Compensation is also payable under the ollowing circumstances:

An employee meets with an accident while traveling as a passenger toand rom his place o work in a vehicle operated by or on behal o hisemployer and the vehicle is not a public transport.

An employee who is residing in Singapore and employed by anemployer in Singapore, meets with an accident in a place outsideSingapore where he is required to work.

What are the compensation bene ts?

(The compensation bene ts mentioned in this section are

applicable to accidents that happened on and a ter 1 April 2008.The compensation bene ts under the previous WorkmensCompensation Act will apply to accidents that happened be ore 1April 2008).

Under the Act, an injured employee is entitled to claim medicalleave wages, medical expenses and compensation or permanentincapacity or death, i applicable. Employers are liable to pay work injurycompensation as ollows:

Medical expenses

Medical expenses incurred within one year rom the date o theaccident, or up to a cap o $25,000, whichever is reached earlier.

Within these limits, employers will be responsible or all the medicalexpenses incurred or treatment by any Singapore-registered medicalpractitioner or in any approved hospital. Employers are liable to pay

such medical expenses directly to the hospital.

04


6/16

Employees would bear the excess medical expenses beyondsuch limits i they opt to claim or compensation under the act.Alternatively, employees can choose to seek damages at the civilcourts i they wish to recover the ull medical expenses, and shouldnot le a Work Injury Compensation claim with the Ministry o Manpower (MOM).

Medical expenses include the cost o medical consultation ees,treatment and expenses, medical report ees ( or the initial assessmento the extent o injury su ered by the employee), and the costso medicines, arti cial limbs and surgical appliances as certi ed by themedical practitioner.

Medical leave wages

These include (a) ull pay up to 14 days or outpatient medical leave;and (b) ull pay up to 60 days or hospitalization leave.

Beyond the abovementioned periods, 2/3 salary is payable up to amaximum period o one year ollowing the date o accident. Publicholidays, rest days and non-working days should be excluded rom thenumber o days o medical leave granted to the employee. For publicholidays, while these are not granted as paid medical leave under theWork Injury Compensation Act, the employee may be paid or thepublic holidays as his entitlement under the Employment Act.

Employers are required to pay medical leave wages to theemployees not later than the same date as their usual earningswould have been payable.

Compensation or permanent incapacity

The computation or permanent incapacity compensation is:

Compensation payable = [employees monthly earnings] x [multiplyingfactor*] x [% loss of earning capacity] * Refer to Table 1 for the list of multiplying factors i.e. number of months of earnings compensable.

The compensation amount payable is subjected to a maximum andminimum limit as ollows:

05


7/16

06

Maximum limit = $180,000 x [% loss o earning capacity]Minimum limit = $60,000 x [% loss o earning capacity]

An additional 25% o the compensation amount is awarded i an injuredemployee su ered permanent total incapacity (i.e. 100% loss o earningcapacity).

Compensation or death

Compensation payable = [employees monthly earnings] x [multiplying factor]

The compensation amount payable to the dependents o a deceased

employee is subjected to a maximum and minimum limit as ollows:

Maximum limit = $140,000Minimum limit = $ 47,000

Is Work Injury Compensation insurance compulsory?

Employers have some fexibility to manage their nancial exposure

arising rom the potential liabilities under the Act. It is not mandatoryor employers to buy insurance or employees who are newly coveredunder the Act (i.e. employees who are involved in non-manual work andhave monthly earnings o above $1,600). Nonetheless, employers will berequired to pay compensation in the event o a valid claim, even i theydo not buy insurance.

There is no change to the compulsory insurance requirement oremployees who are already covered under the Act prior to 1 April 2008

(i.e. employees who are involved in manual work regardless o their levelo earnings, or employees who are involved in non-manual work andhave monthly earnings o $1,600 or less). Employers are required by lawto buy insurance or these employees, unless exempted.


8/16

07

What to report

Where the accident results indeath o an employee

Where the accident results inany incapacity that renders theemployee un t or work ormore than 3 consecutive days,or is admitted in a hospital or atleast 24 hours or observation ortreatment

Reporting timeline

Within 10 days o the occurrence

Within 10 days o the occurrence

Failure to report a work-related accident is an ofence which carriesa ne o up to $5,000 or a rst-time ofence, and a ne o up to$10,000 and/or a jail term o up to six months or subsequentofences.

Employers can submit the accident report using the iReport system onthe Internet at the ollowing web address:

http://www.mom.gov.sg/iReport

Is legal representation required or purpose o claiming

Work Injury Compensation?

Generally, legal representation is not necessary or claiming Work InjuryCompensation. MOM will deal with the relevant parties to process theclaim, and any party can approach MOM or advice or assistance on theclaims procedures. However, i the claimant wants to assess whether toclaim compensation under the Work Injury Compensation Act or undercommon law, he may wish to seek legal advice.

Who, when and how to report an accident ?

Employers are required to report work-related accidents to MOMwithin the time stipulated below.


9/16

08

Procedure orClaiming Work InjuryCompensation

This section outlines the general procedure or claiming work injurycompensation.

Step 1Reporting an accident

The injured employee is required to in orm his employer o the accidentas soon as practicable, ailing which compensation may not be payableunless it involved a atal accident.

The employer is required to report the accident to MOM within thestipulated time period as well as noti y his insurer(s).

Step 2Filing a Work Injury Compensation Claim

I an employee wishes to claim Work Injury Compensation instead o seeking damages under common law, he has up to one year rom thedate o the accident to submit a claim to MOM.

The employee (i.e. claimant) should noti y the MOM and hisemployer o any changes to his contact address while his claim is beenprocessed.

Step 3Undergoing Medical Assessment

For claimants who are eligible or Work Injury Compensation, theywill be required to undergo a medical assessment to determine theextent o the injury su ered. This is or the purpose o determining theamount o compensation payable.


10/16

09

MOM will provide a medical report orm to the employer or claimant orpurpose o the medical assessment by the treating clinic/hospital.

Upon receipt o the medical report orm, the employer/claimant shouldsend it promptly to the treating clinic/hospital, together with themedical report ees as stipulated by the clinic/hospital. The medicalreport ees should be borne by the employer.

The claimant should pro-actively ollow up with the clinic/hospitalor appointment dates and undergo the medical treatment and medicalassessment.

The claimant should not work i he is certi ed to be medically un t orwork. I in doubt, the claimant/employer should seek advice rom thetreating doctor whether the claimant is t or work. Should the claimantbe compelled to work when he is un t to do so, he can approach MOMor assistance.

I the claimant ailed to submit himsel or the medical assessment andsuch ailure extends beyond 3 months, his claim may be suspended,and compensation may not be payable.

To ensure continuity in medical treatment and proper recovery o injury,the claimant should re rain rom switching doctors unnecessarilywithout re erral by the treating clinic/hospital.

The claimant should in orm his employer and MOM immediately i hechanges the clinic/hospital where he receives treatment.

Step 4

Assessing Compensation Payable

Upon receipt o the completed medical report orm rom the clinic/hospital, the Commissioner in MOM will assess the compensationpayable and issue a Notice o Assessment (NA) to the claimant,employer and insurer. The NA will indicate the amount o compensationawarded, i any.

Any party who wishes to object to the NA has up to 14 days romthe date o service o the NA to give notice o his objection to theCommissioner. The objecting party is required to state precisely hisgrounds o objection using a prescribed orm. Any ground o objectionreceived beyond this period by the Commissioner may be disregarded.


11/16

10

Step 5Making an Election to claim Work Injury Compensation

I the claimant decides to claim Work Injury Compensation (by notobjecting to the NA) and no party has objected to the NA, theemployer (or his insurer) is required to pay the compensation amountwithin 21 days a ter the service o the NA.

I there is an objection(s) to the NA, the claimant is to decide by the 28thday (a ter the service o the NA) whether he wishes to:

(a) Withdraw his claim so that he is able to pursue damages against hisemployer under common law; or

(b) Claim Work Injury Compensation by:(i) Proceeding with the dispute resolution procedures under the

Work Injury Compensation system (see step 6); or(ii) Withdrawing his objection, i any, and accepting the NA. Upon

accepting the NA and i there is no outstanding objection tothe NA, the employer (or his insurer) is required to pay thecompensation amount within 35 days a ter the service o the NA(ie within 7 days a ter the nal date or the claimant to make his

claim election).Once the claimant decides to pursue his claim under the Act, hewill generally no longer be able to exercise his option to sue hisemployer under common law.

Step 6Resolving and Adjudicating Dispute

MOM will hold pre-hearing con erences to acilitate the resolutiono objections. Any objection that cannot be resolved amicably will bere erred to the Labour Court or hearing.

I the objection pertains to the percentage o the permanentincapacity awarded, MOM will re er the claimant to the Work Injury Compensation Medical Board whose decision on the medicalassessment is nal.The objecting party shall bear the medicalreport ees and any other expenses arising rom tests that are deemed

necessary by the Medical Board.


12/16


13/16

12

Flow chart or the Work Injury Compensationclaims process

Step 1 : Reporting an Accident Employer les a report o the accident using the iReport system on the internet

(http://www.mom.gov.sg/iReport).

Step 2 : Filing a Work Injury Compensation Claim

Employee to le a claim within 1 year rom the date o the accident i he choosesto claim compensation under the Work Injury Compensation Act.

Step 3 : Undergoing Medical Assessment

Employee undergoes medical assessment to determine the extent o his injury. Medical Report to be submitted by the treating clinic/hospital to MOM.

Step 4 : Assessing Compensation Payable

Upon receipt o the completed medical report, the Commissioner in MOMissues a Notice o Assessment (NA) which states the amount o compensationawarded, i any.

Any objection has to be made within 14 days rom the date o service o the NA, The objecting party(s) is required to state precisely his grounds o objectionusing a prescribed orm.

Step 5: Making an Election to Claim Work Injury Compensation

I no objection is raised within the 14-day period, payment o compensation isto be made within 21 days rom the date o service o the NA.

I there is objection(s) raised, the employee has up to 28 days rom thedate o service o the NA to decide whether to withdraw his claim so as topursue damages under the common law or continue his claim or work injurycompensation under the Act.

Step 6: Resolving and Adjudicating Dispute Pre-hearing con erences are held to acilitate resolution o any objection(s)

raised. Any dispute that cannot be resolved will be re erred to the LabourCourt or hearing.


14/16


15/16

14

Appendix: Table 1 - List o multiplying actors

Age o employee

at nextbirthday

PermanentIncapacity

Death Age o employee

at nextbirthday

PermanentIncapacity

Death

14151617181920212223242526

27282930313233343536373839

181180179178178177176175174173172170169

168167165164162160159157155153151149146

136135135134134133132132131130129128127

127125124123122121120118117115114112110

40414243444546474849505152

53545556575859606162636465

66+

10810710610510410310210110098969492

9088868482807875726863585348

144142140138136134132130128126124122120

11811611411110810510299969287827772


16/16

wica guide (english)

Documents