a. manual labour, regardless of how much he earns per month; or b. non-manual labour where his average monthly earnings do not exceed $1,600.

Transcription

1 ELIGIBILITY Who can claim workmen's Compensation? The Workmen's Compensation Act covers all "workmen" engaged under a contract of service. A "workman" refers to a person engaged in: a. manual labour, regardless of how much he earns per month; or b. non-manual labour where his average monthly earnings do not exceed $1,600. Who cannot claim workmen's compensation? The following persons cannot claim Workmen's Compensation: a. a non-manual worker whose average monthly earnings exceed $1,600 per month; b. a worker whose work is of a casual nature and whose work is not connected with the employer's trade or business; c. a domestic worker; d. a police officer or any other person engaged to perform police duties; e. an outworker ie. any person who does work on materials or articles given out by another person and who does such work in his own home or in some other premises which are not under the control or management of that other person who gives out the materials or articles; and f. any member of the family of the employer who dwells with him in his house. Average Monthly Earnings (AME) The "earnings" of a workman include his wages, food allowance, housing allowance, overtime, bonus or annual wage supplement but do not include travelling allowance, CPF contributions or pension or money paid to cover any special expenses incurred by him by nature of his employment. Where the workman has been employed for less than one month, his monthly earnings would be the earnings he would have received for the whole month. Where the workman has been employed for at least one month and for a continuous period of 12 months or shorter, his monthly earnings would be the average amount of his earnings during those 12 months or shorter period. Example: A workman was injured in Dec His average monthly earnings for the 12 months preceding the accident will be as follow: Month Gross Monthly Earnings (excluding bonus) $ Dec 00 1, , Jan 01 1, Feb 01 1, Mar 01 2, Apr 01 1, May 01 1, AWS/Bonus Paid During the Past 12 Months $

2 Jun 01 1, Jul 01 1, Aug 01 2, Sep 01 1, Oct 01 1, Nov 01 1, TOTAL 22, , Average monthly earnings = ($22,400 + $1,600)/ 12 = $2,000

3 REPORTING AN ACCIDENT When And How To Report An Accident Employers must report ALL WORK-RELATED ACCIDENTS involving their workmen as soon as possible - to the Work Injury Compensation Department; and to their Insurance Company. Deadlines for reporting accidents to the Work Injury Compensation Department: Where the accident results in death Within 10 days of the occurrence Where the accident renders the workman unfit for work for more than 14 days Where the accident renders the workman unfit for work for 14 days or less following its occurrence. Within 18 days of the occurrence Not later than the 15th day of the month You are required to report work-related accidents with zero (0) days of medical leave. Failure to report a work-related accident is an offence punishable with a fine of up to $2,000. What an Employer should do When an accident happens, an employer should send his injured workman to a doctor as soon as possible. He must pay all the medical fees and expenses. If his workman has been granted medical leave for his injury, he should pay him his wages on the same day that his salary is payable i.e. within 7 days after the end of his salary period (eg. if he is a monthly-rated employee, within 7 days after the end of the month). He may seek reimbursement for the amount paid from his insurer at a later date. When he receives a set of medical report forms from the Work Injury Compensation Department, he should as soon as possible send it to the doctor, together with the medical report fee. When he receives a Notice of Assessment of compensation from the Work Injury Compensation Department, he has 14 days from the date of service in which to object. If he wishes to do so, he should write to the Work Injury Compensation Department stating precisely his grounds of objection. If he has no objection to the assessment, he or his insurer must within 21 days of the date of service of the notice forward the compensation assessed to the Commissioner or pay directly to the injured workman, if so authorised by the Commissioner. How to Claim To lodge a claim for compensation, a workman should: inform his employer as soon as practicable, of the injury and the date of the accident; complete and return the application form for claiming workmen's compensation. (The workman is required to make an application to the Commissioner under the

4 Workmen's Compensation Act within 1 year from the date of the accident. If he fails to do so, he may lose his right to claim compensation.); and attend all medical appointments. (If he fails to do so, not only will it result in delay in getting his compensation but he may also have his claim for compensation suspended.)

5 TYPE OF BENEFITS Medical expenses When a workman is injured in a work-related accident, his employer must arrange for a registered doctor to treat his injury. The cost of medical treatment arising from the accident, including any fees for a medical report, will be paid for by his employer or the insurer. If the workman is hospitalised in an approved hospital, the medical expenses are subject to the maximum prescribed limit. Temporary Incapacity Temporary Incapacity, as the name implies, refers to injuries which incapacitate a workman from performing his normal duties for a limited duration. Examples of such injuries are sprains, minor cuts or bruises. In such instances, the workman is entitled to paid medical leave of up to a year. For the first 14 days of medical leave and 60 days if he is hospitalised he is entitled to full wages, and beyond that to 2/3 of his wages. Permanent Incapacity Permanent Incapacity compensation can be for either total or partial incapacity. Total permanent incapacity refers to the injuries that incapacitate the workman from doing all work which he was capable of doing at the time of the accident and thereby reduce permanently the earning capacity of the workman in every employment. Examples are loss of both arms, both eyes or total paralysis. The amount payable for total permanent incapacity is given by average monthly earnings x multiplying factor subject to a maximum of S$147,000 and a minimum of S$49,000. If a doctor certifies that an injured person suffering from total permanent incapacity needs the constant help of another person during his lifetime, an additional compensation of one quarter of the amount awarded for total permanent incapacity can be claimed. On the other hand, partial permanent incapacity reduces the workman's earning capacity in every employment. An example is the loss of one eye. The amount payable for partial permanent incapacity is calculated using the following formula: % incapacity x average monthly earnings x multiplying factor or % incapacity x S$147,000 whichever is lesser The workman is also entitled to paid medical leave as in Temporary Incapacity. Dependants' Death Benefits When a workman dies in a work-related accident, compensation is payable to the dependants of the deceased. Dependants here include the spouse, parent, grandparent, step-parent, child, grandchild, step-child, siblings, half siblings irrespective of whether that person is actually dependent on the workman's earnings or not. The amount payable for a fatal accident is given by average monthly earnings x multiplying factor subject to a maximum of S$111,000 and a minimum of S$37,000. Multiplying Factor for Permanent Incapacity The multiplying factor for permanent incapacity is determined by the age of the workman (on the next birthday at the time of the accident) as follows : Age Multiplying Factor 40 and below

6 and above 72 Multiplying Factor for Fatality The multiplying factor for fatal accidents is determined by the age of the deceased workman (on the next birthday at the time of the accident) as follows : Age Multiplying Factor 40 and below

7 and above 48

8 Other Information Compulsory Insurance Unless exempted, an employer is required by law to take up workmen's compensation insurance for all his workmen. Failure to do so is an offence punishable with a fine of up to $10,000 or jail of up to 1 year or both. The categories of employers exempted from having to effect workmen's compensation insurance are listed in the Notification below: Workmen's Compensation (Exemption of Employers) (Consolidation) Notification Companies fully owned by the Government; Statutory boards; International airlines; International shipping lines; International oil companies; Banks; Finance companies; Retail shops, including provision shops and departmental stores; Hairdressing saloons; Photographic saloons; Coffee shops; Tailoring and dressmaking shops; Theatres and cinemas; Hotels; and Employers of all persons employed otherwise than by way of manual labour and otherwise than in a factory. Workmen's Compensation (Approved Hospitals) Notification 1. Alexandra Hospital. 2. Ang Mo Kio 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. Workmen's Compensation (Hospital Charges) Notification The fees and costs set out in the Schedule shall be the maximum amounts for which an employer shall be liable in respect of any workman who is admitted to an approved hospital.

9 THE SCHEDULE 1. Ward Charges $9, Daily Professional/ Prescription Fee $30 3. Operation Fee $4,800 per admission 4. X-Ray Examination Fee $1,500 per examination 5. Physiotherapy Fee $12 per modality 6. Occupational Therapy Fee/Speech Therapy Fee $20 per attendance 7. Laboratory and other tests/treatment not provided for in this Schedule 8. Supply of artificial limbs and surgical implants/ appliances, including hearing aids, dental, ophthalmic and servicing charges $350 per test or treatment As per charge or supplier's price Compensable Industrial Diseases A workman is entitled to compensation if he has suffered any incapacity as a result of contracting any of the following occupational diseases at work: Description of Occupational Disease or Injury Nature of Occupation 1. Anthrax Any occupation involving the handling of wool, hair, bristles, hides or skins or other animal products or residues, or contact with animals infected with anthrax 2. Asbestosis Any occupation involving exposure to asbestos dust 3. Barotrauma Any occupation involving subjection to compressed air 4. Byssinosis Any occupation involving exposure to raw cotton dust 5. Cataract produced by exposure to the glare of, or rays from, molten glass or molten or red-hot metal Any process involving frequent or prolonged exposure to the glare of, or rays from, molten glass or molten or red-hot metal 6. Chrome Ulceration Any process involving the use or handling of chromic acid, chromates or bichormates or any preparation or solution containing any of these substances 7. Compressed Air Illness or its sequelae Any occupation involving subjection to compressed air 8(a) Epitheliomatous cancer or ulceration of the skin (b) Localised new growth of the skin, papillomatous or keratotic (c) Ulceration of the corneal surface of the eye Any process involving the use or handling of, or exposure to tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue of any of these substances 9. Glanders Any occupation involving contact with equine animals or their carcasses 10. Industrial Dermatitis Any occupation or process involving the exposure to or contact with cutaneous irritants or sensitisers such as alkalis and acids, solvents, mineral oils, synthetic and natural resins, certain wood, formaldehyde, nickel salts, chromates and bichromates, mercury compounds, chlorinated naphthalenes, rubber accelerators, fibreglass and other chemicals 11. Repetitive strain disorder of the upper limb 12. Inflammation, ulceration or malignant disease of the skin or subcutaneous tissues or of the bones, or leukaemia, or anaemia of the aplastic type Any process or activity involving frequent or repeated movements of the upper limb Any process involving the exposure to x-rays, ionising particles, radium, or other radio-active substances or other forms of radiant energy 13. Leptospirosis or its sequelae Any occupation involving contact with a source or sources of

10 leptospiral infections e.g. abattoir, drainage and sewerage work, refuse collections, road sweeping and work with animals 14. Liver Angiosarcoma Any occupation involving the use or handling of, or exposure to, vinyl chloride monomer 15. Mesothelioma Any occupation involving the use or handling of, or exposure to, asbestos 16. Noise-Induced Deafness Any occupation involving prolonged exposure to a high level of noise 17. Occupational Asthma Any occupation involving the use of or handling of or exposure to a chemical or other agent with may irritate or sensitise the respiratory system, eg. isocyanates, rosin, formaldehyde, proteolytic enzymes Poisoning by: Any occupation or process involving: (a) Arsenic the use or handling of, or exposure to the fumes, dust or vapour of, arsenic or a compound of arsenic or exposure to any solution containing arsenic or compound of arsenic; (b) Benzene or a homologue the use or handling of, or exposure to the fumes, dust or vapour containing benzene or any of its homologues; (c) Cadmium the use or handling of, or exposure to the fumes, or dust of cadmium or its compounds; (ca) Carbamate the production, use or handling of carbamate; (d) Carbon disulphide the use or handling of, or exposure to the fumes, dust or vapour of, carbon disulphide, or a compund of carbon disulhide, or a substance containing carbon disulphide; (e) Carbon dioxide gas the exposure to carbon dioxide, eg in the manufacture of mineral water, fermentation in breweries or other processes; (f) Carbon monoxide gas the exposure to carbon monoxide, eg, where blast furnaces and internal combustion engines are used; (g) Cyanide the use or handling of, or exposure to the fumes, dust or vapour of, cyanide or compound of cyanide, or a substance containing cyanide; (h) Halogen derivatives of hydrocarbon compounds (ha) Hydrogen sulphide the production, liberation or use of any halogen derivative of hydrocarbon compounds; the exposure to hydrogen sulphide, eg, in oil refining, sewerage work and manholes; (i) Lead the use or handling of, or exposure to the fumes, dust or vapour of, lead or compound of lead, or a substance containing lead; (j) Manganese the use or handling of manganese or substance containing manganese; (k) Mercury the use or handling of, or exposure to the fumes, dust or vapour of, mercury or a compound of mercury, or a substance containing mercury; (l) Nitrous fumes the use or handling of nitric acid or exposure to nitrous fumes; (m) Organophosphates the production, use or handling of organophosphates; (o) Phosphorus the use or handling of, or exposure to the fumes, dust or vapour of, phosphorus or a compound of phosphorus, or a substance containing phosphorus 19. Silicosis Any occupation involving exposure to silica dust, eg in granite quarries, foundries with sand moulds 20. Toxic hepatitis Any process involving the use or handling of, or exposure to, tetrachloroethane, nitro-derivatives or amino-derivatives of benzene, vinyl chloride monomer, or other poisonous substances 21. Tuberculosis Any occupation involving close and frequent contact with a source or sources of Tuberculosis infection by reason of employment - (a) in the medical treatment or nursing of a person or persons suffering from Tuberculosis, or in a service ancillary to such treatment or

11 22. Severe Acute Respiratory Syndrome (SARS) nursing; (b) in attendance upon a person or persons suffering from Tuberculosis, where the need for such attendance arises by reason of physical or mental infirmity; (c) as a research worker engaged in research in connection with Tuberculosis; or (d) as a laboratory worker, pathologist or post-mortem worker, where the occupation involves working with material which is a source of Tuberculosis infection, or in any occupation ancillary to such employment. Any occupation involving close contact with any source of Severe Acute Respiratory Syndrome (SARS) infection by reason of employment - (a) in the medical treatment or nursing of any person suffering from Severe Acute Respiratory Syndrome (SARS), or in a service ancillary to such treatment or nursing; (b) in attendance upon any person suffering from Severe Acute Respiratory Syndrome (SARS), where the need for such attendance arises by reason of physical or mental infirmity of the person or when engaged in the identification, detection, tracing, isolation, detention, supervision or surveillance of the person; (c) as a worker engaged in research on Severe Acute Respiratory Syndrome (SARS) or in a service ancillary to such research; or (d) as a laboratory worker or post-mortem worker or funeral services worker, where the occupation involves working with any human body or other material which is a source of Severe Acute Respiratory Syndrome (SARS) infection, or in any occupation ancillary to such employment. 23. Avian Influenza Any occupation involving - (a) the handling of, or the exposure to, animals or birds; or (b) the exposure to any material or substance with Avian Influenza virus.