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Who Can Claim Compensation?
Under the Workmen's Compensation Act, a workman injured in a
work-related accident is entitled to claim (where applicable):
The Act covers all workmen engaged under a contract of service or
apprenticeship.
Self-employed persons, independent contractors, domestic
workers and police officers (or those performing police duties) are not eligible
for workmen's compensation.
For more information on work injury
compensation, please refer to the brochure on Workmen's Compensation Act
available in English and Chinese.
Who is a Workman?
A workman' refers to a person engaged in:
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Manual labour, regardless of the person's average monthly
earnings*; or
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Non-manual labour, where the person's average monthly earnings*
do not exceed $1,600.
* Average monthly earnings include wages,
allowances, overtime payments, bonuses or annual wage supplements but not
traveling allowances, employer's CPF contributions, pensions or monies paid to
cover any special expenses incurred by the workman in the course of his/her
employment.
As a guide, a manual worker is one whose main duty comprises
manual work, rather than merely being incidental to his/her employment.
For example, a construction worker should be considered a manual worker
as his duties involve manual work. An accountant, on the other hand, should be
considered a non-manual worker as his/her duties would involve his/her mental
skills/knowledge rather than physical labour.
When Can Compensation Be Claimed?
A workman who suffers personal injury due to a work-related
accident can claim compensation.
The Workmen's Compensation Act also allows for compensation
to be paid:
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When a workman meets with an accident while traveling as a
passenger to and from the workplace, in a private vehicle operated by or on
behalf of the employer; or
-
When a workman residing and employed by an employer in Singapore
meets with an accident in a foreign country where he/she is required to work.
Compensation Benefits
Eployers must pay their injured workmen the following where
required:
These include:
1. Alexandra Hospital
2. Ang Mo Kio-Thye Hua Kwan Hospital
3. Balestier Medical Centre
4. Changi General Hospital
5. East
Shore Hospital
6. Gleneagles Hospital
7. Institute of Mental Health,
Woodbridge Hospital
8. KK Women's and Children's Hospital
9. Mount
Alvernia Hospital
10. Mount Elizabeth Hospital
11. National Neuroscience
Institute
12. National Skin Centre
13. National University Hospital
14. Raffles Hospital
15. Ren Ci Hospital and Medicare Centre
16.
Singapore General Hospital
17. Singapore National Eye Centre
18. St.
Andrew's Community Hospital
19. Tan Tock Seng Hospital
20. Thomson
Medical Centre
21. West Point Family
Hospital
Temporary Incapacity Compensation (or
Medical Leave Wages)
These include:
Beyond the above-mentioned periods, 2/3 salary is payable up to a
maximum period of one year following the accident date (e.g. if the accident
occurred on 1 May 2005, the one year period would end on 30 April 2006).
Public holidays, rest days and non-working days should be excluded from
the number of days of medical leave granted to the workman.
Permanent Incapacity
Compensation
The maximum compensation payable for permanent incapacity is
$147,000.
If a doctor certifies that an injured workman has suffered
permanent total incapacity (i.e. 100%) and will need constant help from another
person for the rest of his/her life, an additional amount of 1/4 of the
compensation awarded can be claimed (i.e. the total compensation awarded will be
125%).
Compensation for Death
The maximum compensation payable to the dependents of the deceased
workman is $111,000.
What an Employer should Do
Unless exempted, employers are required by law to take up a
workmen's compensation insurance policy for their workmen.
Employers who
fail to do so must bear the costs of compensating the injured workman (Or
dependant in the case of death).
Failure to provide workmen's
compensation insurance is an offence punishable by a fine of up to $10,000
and/or a jail term of up to one year.
Note: The
exemption given to the employer to purchase and maintain workmen's compensation
insurance policy does not mean that the employer is exempted from his liability
to pay compensation including medical leave wages and medical expenses to his
workmen.
View the Workmen's Compensation Guidelines for
Employers
Step 1
After an accident, the employer should send the injured
workman to a doctor as soon as possible. All medical fees and expenses should be
paid by the employer.
The following parties should also be notified
promptly:
Step 2
The Occupational Safety and Health Division (OSHD) will
issue a receipt to acknowledge notification of the accident, after which the
employer is obligated to pay his/her injured worker medical leave wages as and
when salary is payable.
A workman should be paid within seven days after
the end of his/her salary period i.e. a monthly-rated employee should be paid
within seven days following the end of the month.
The employer may seek
reimbursement for the amount paid from the insurer at a later date.
e-Calculator for Determining Medical Leave Wages
(Temporary Incapacity)
An easy to use tool for working out the
medical leave wages for temporary incapacity payable to injured workman, in
accordance with the Workmen's Compensation Act.
Use the Temporary Incapacity Calculator .
Please read the ‘Important Notes' section
in the calculator before using it.
Step 3
OSHD will send the employer a blank medical report. This
report should be forwarded to the hospital where the injured worker is receiving
treatment as soon as possible. The employer should pay for the medical report
fee.
For cases involving permanent incapacity, the employer should
forward the medical report within seven days of receiving it.
Step 4
OSHD will send the employer a Notice of Assessment with
details on the compensation to be awarded.
The employer/insurer should:
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Forward the compensation amount to the Commissioner of Workplace
Safety and Health; or
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Pay the injured worker/worker's dependant directly (With the
Commissioner's permission) within 21 days of the notice's date.
Should the employer object to the notice's findings/terms, he/she
should write to OSHD within 14 days of the notice's date. The grounds for
objection should be stated clearly.
What A Workman Should Do
To
lodge a claim for compensation, a workman should:
The following information will be required for the form:
- Date of accident;
- Worker's particulars (i.e.
name, ID number, earnings, address);
- Employer's
particulars;
Failure to do so will result in delay or suspension of the
compensation claim.
Notice of
Assessment
The Occupational Safety and Health Division (OSHD) will
send the workman a Notice of Assessment with details on the compensation to be
awarded.
Should the workman object to the notice's findings/terms,
he/she should write to OSHD within 14 days of the notice's date. The grounds for
objection should be stated clearly.
Workmens Compensation Medical Board
The Workmen's Compensation Medical Board (WCMB) was set up
on 15 Aug 2005 as part of MOM's efforts to streamline and shorten the overall
claim processing time so as to ensure that injured workmen receive their
compensation expeditiously.
WCMB's main function is to assess cases
where objections are raised (by the insurer, employer or injured worker) to the
initial assessment of the worker's condition. The medical assessment is
conducted by a specialist panel appointed from restructured
hospitals.
Upon receipt of the specialists' report, the Ministry will
facilitate conciliation for an amicable settlement on the compensation amongst
parties to the claim.
In the event of non-settlement, the case will be
referred to the Commissioner of Labour for adjudication.
Source: MOM website.
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