Employees claims

• Claim form (Work Injury Compensation) - (Did accident arise out of and in the course of employment?)
• I-Report(s) (mandatory for accidents with medical leave/light duties)
• Work Permit/Employee Pass (for the foreign worker)
• Copy of medical report (if available)
• Inpatient Discharge Summary
• Original medical bills and medical leave certificates
• Copies of wage payment vouchers for 12 months prior to the date of accident (e.g. accident in Jan 2019, require wage payment voucher for Jan 2018 - Dec 2018)
• Please indicate the number of work days per week under "Earnings of Insured Worker" of the enclosed claim form
• Contract (with value) for job accident site (where the accident site is not insured premises)
• The contractual agreement between the main contractor and sub-contractor (for project policy)
• Police report (where the serious accident occurs resulting in fire, explosion, the collapse of the building, etc)
• Traffic police report (where it is a road traffic accident)
• The death certificate and relevant reports (where the accident results in death)
• Timesheet/Attendance/Work Schedule for the month of the accident
• Copy of Toolbox Meeting (if applicable)

The new compensation limits are applicable to accidents occurring on or after 1 Jan 2020.

An employee has up to one (1) year from the date of the accident to submit a claim for work injury compensation to Ministry of Manpower (MOM).

MOM will examine the facts of each case to determine the admissibility of a claim.

While work-related disputes between co-workers may arise from time-to-time, they should not resort to fights to resolve them and employers should not have to bear the cost of the injury, given WICA is a no-fault system. With the WICA amendments though, employers injured in work-related fights will still be eligible for compensation provided these injuries were sustained due to the following:

• in the act of self-defence
• while defending another individual
• while acting under employer’s instructions or consent to break-up a fight
• safeguard lives or property or maintain law & order or
• as a result of an assault to which he did not retaliate

No. The claim would only be admitted after MOM has conducted its investigation and concluded the disease is indeed work-related.

Currently, claims for injuries from exposure to excessive heat at work (e.g. heat stroke) are already admissible under WICA. The amendment to the Second Schedule provides greater clarity that such injuries are compensable as an occupational disease.

If the employer is no longer in operation, the employee may approach MOM to seek assistance for financial aid.

Under WICA, injured employees have one (1) year from date of the accident to decide whether to pursue their claim under WICA or under common law. Employees may choose to revert to WICA even after filing a common law claim, as long as this is done within one (1) year of the accident. Even if the common lawsuit was initiated within one (1) year of the accident and the accident is assessed to be compensable under WICA, the employee can request the court to assess the WICA compensation due to the employee (minus costs) and direct the employer to pay compensation.

The employer is liable for the said costs received overseas if the accident happened when the employee was working overseas and immediate medical treatment was needed.

No.

No. The injured employee may either file a claim under WICA or sue his employer in the civil courts for damages. However, the injured employee may still withdraw his claim under WICA and initiate a civil action/common-law action. He must withdraw his WICA claim within twenty-eight (28) days after the Commissioner serves him with the Notice of Assessment (NOA) informing him of the compensation amount. Thereafter employee/employer/insurer has up to fourteen (14) days to accept or object the NOA. Possible scenarios:

• Accept NOA–employer/insurer has up to twenty-one (21) days to make payment. Matter resolved. No common law claim.
• One or more parties Object NOA – the employee has further fourteen (14) days (or up to twenty-eight (28) days after the service of NOA) to decide if he wishes to proceed or withdraw his claim.
• Once decides to proceed with the claim then he will no longer be able to sue his employer under common law action.
• If the employee decides to sue under common law action instead of claiming under WICA then he should withdraw his claim under WICA in order to commence a civil action.

What has changed with effect from 1 Jan 2021?

• The insurer will be investigating the claim
• The insurer will be liaising with the hospital on the medical assessment and/or reports
• The insurer will be issuing the Notice of Computation (Permanent Disability Compensation/Death Compensation)

https://www.mom.gov.sg/workplace-safety-and-health/work-injury-compensation