Work Injury Compensation. A Guide For Employees

Transcription

1 Work Injury Compensation A Guide For Employees 6

2 What is Work Injury Compensation? It is the compensation that you can claim from your employer (or employer s insurer) if you suffer an injury or a disease due to work. It is payable under Work Injury Compensation Act (WICA), even if you no longer work for the company or your work pass was cancelled, and regardless of who caused the accident / disease. Are you covered? Not covered Uniformed personnel (Singapore Armed Forces, Police, Civil Defence, Central Narcotics Bureau, and Prisons Service) Covered All other employees Self-employed persons / independent contractors Domestic workers What can you claim? Medical Expenses Payable by employer, up to specific limits, as long as treatment is considered necessary by Singapore-registered doctors. See Table 1 for the maximum limits 1

3 Medical Leave Wage Outpatient medical leave (MC) Hospitalisation leave Full pay Up to 14 days Up to 60 days 2/3 pay 15th day onwards, up to 1 year from accident Based on your Average Monthly Earnings (AME), i.e. average earnings over last 12 months before accident, including overtime pay, but excluding transport allowance and reimbursement Excludes non-working days. E.g. no medical leave payable for rest day or public holiday 61st day onwards, up to 1 year from accident Compensation for Permanent Incapacity or Death Payable Amount depends on an employee s... Amount is subjected to Permanent Incapacity (PI) Compensation When injury or illness has permanent effects on ability to work Average Monthly Earnings Age % PI* Maximum and minimum limits (see Table 1) Death Compensation Death Average Monthly Earnings Age Maximum and minimum limits (see Table 1) * based on doctor s assessment Table 1: Work Injury Compensation Limits Limits Limit for accidents that happened before 1 Jun 2012 Limit for accidents that happened on and after 1 Jun 2012 Death Minimum $47,000 $57,000 Maximum $140,000 $170,000 Permanent Incapacity Medical Expenses Minimum $60,000 x % PI $73,000 x % PI Maximum $180,000 x % PI $218,000 x % PI Maximum Up to $25,000 or 1 year from date of accident, whichever is reached first Up to $30,000 or 1 year from date of accident, whichever is reached first An online calculator (WIC Self-Assessment Tool) is available at 2

4 What to do if you are injured at work? 1. Seek medical treatment. Inform your employer / supervisor of your injury or illness as soon as possible. If your employer does not know, he may dispute that your injury/illness is not due to work. 2. Pass original MC to your employer to claim medical leave wages. Keep a photocopy for your own record. Your employer is required to pay you by next pay day. 3. Pass original medical bills to your employer. He will pay direct to the clinic or hospital. If you had paid first, he has to pay you back. 4. Decide whether to file a claim for Permanent Incapacity if your ability to work is permanently affected. You can file a WICA claim with MOM Or a civil suit (i.e. sue under Common Law) against the person that caused your injury. You can only claim from one, not from both WICA and Common Law. Filing a WICA claim is simple! You can do it yourself. You only need to give MOM your contact details, name of your employer and the date of the accident. If you need help, MOM has interpreters available and can help you file a claim available at no extra cost. Key differences between filing claim under WICA and Common Law Work Injury Compensation Act No need to prove employer was at fault. Only need to show injury was due to work Common Law Need to prove employer/3rd party was at fault Compensation based on fixed formula and capped (see Table 1) No need to get a lawyer, MOM can advise and help you file the claim at no cost Compensation not capped but amount of damages has to be substantiated before Courts Likely need to get a lawyer. MOM unable to advise or help 3

5 Overview of WICA Claims Process (Permanent Incapacity Compensation) Step 1 Inform your employer of accident as soon as possible He will notify MOM of your accident If you wish to, you can also keep MOM informed by filling an online form at Step 2 Step 3 File claim After being notified of your accident, MOM will contact you and/or send you an application form You have up to 1 year from accident to return the application form to MOM. You may not be able to claim beyond the 1 year Go for medical assessment Attend all medical appointments After your injury stabilizes, the treating hospital will assess and inform MOM of the extent of your injury (i.e. % Permanent Incapacity) Step 4 Receipt of Notice Assessment MOM computes the compensation amount and issues a Notice of Assessment to you, your employer, and the insurer Step 5 Resolution of claim and payment If no one objects to MOM s assessment, the employer/ insurer is to pay you within 21 days of the Notice If there is objection, MOM will facilitate to resolve it Majority of work injury claims are settled within 3-6 months. For workers with complicated injuries, more time may be needed for the injuries to stabilize before a doctor can assess the extent of permanent incapacity suffered. 4

6 Need help to file a WICA claim or find out more on Work Injury Compensation? 1) us at mom_oshd@mom.gov.sg or 2) Call us at or 3) Visit us at: Ministry of Manpower Services Centre 1500 Bendemeer Road Singapore Operating hours: Monday to Friday: 8:00am - 5:30pm (Queue tickets will be issued until 4.30pm) For more information, check out our website Updated in Oct 2013 Information provided in this guidebook is accurate as at the time of printing. The notes provides employees with basic information on work injury compensation and a brief overview of their rights and obligations under the Work Injury Compensation Act. As a guide, this booklet has no legal standing. In all cases of doubt, reference should be made to the Work Injury Compensation Act itself.