Legal Tips

Claiming under the Work Injury Compensation Act

Document Date: 08-May-2008

Here are some Frequently Asked Questions on the topic "Claiming under the Work Injury Compensation Act":

1. When did the Work Injury Compensation Act (WICA) came into effect?
2. What is the difference in coverage between the Workmen Compensation Act and the Work Injury Compensation Act?
3. Who can claim for compensation under WICA?
4. When is my employer liable to pay compensation under the WICA?
5. When would my employer not be liable to pay compensation?
6. Can I claim compensation from my employer under the WICA, and then sue my employer in the courts for negligence?
7. When should I claim under the WICA instead of making a common law claim?

1. When did the Work Injury Compensation Act (WICA) came into effect?

   The Work Injury Compensation Act (WICA) replaces the Workmen's Compensation Act (WCA) on the 1st April 2008 provides an expedient, low-cost compensation system as an alternative to claiming for damages under the common law.

2. What is the difference in coverage between the Workmen Compensation Act and the Work Injury Compensation Act?

   The new Act expanded the coverage to cover most employees and increased the compensation scale for death and permanent capacity. WICA applies to accidents which occur on or after the 1st April 2008.

3. Who can claim for compensation under WICA?

   The Act covers all workers/ employees who work under a contract of service or a contract of apprenticeship, regardless of their level of earnings.

   The following persons are excluded:
   Self-employed persons, independent contractors, domestic workers, members of the Singapore Armed Forces, officers of the Singapore Police Force, the Singapore Civil Defence Force, the Central Narcotics Bureau and the Singapore Prison Service.

4. When is my employer liable to pay compensation under the WICA?

   If your injury is due to an accident which arises out of and in the course of your employment, your employer would be liable to pay.

   Examples of these are:
   
   

   • while performing a task at work, you accidentally injure yourself
     
     
   • while travelling to/from your workplace as a passenger by the transport operated or provided by your employer
     
     
   • while trying to rescue or protect persons , or trying to prevent or reduce damage to your employer's property while at your workplace

5. When would my employer not be liable to pay compensation?

   Your employer would not be liable to pay compensation if:

   • your injury was self inflicted;
     
     
   • the injury sustained at the time of accident was due to you being under the influence of alcohol or drugs not prescribed by a medical practitioner.

6. Can I claim compensation from my employer under the WICA, and then sue my employer in the courts for negligence?

   No. you can either claim under the WICA or in the courts (also known as a common law claim) but not both.

7. When should I claim under the WICA instead of making a common law claim?

   The advantage of claiming under the WICA is that there is no need to prove that your employer was negligent. The compensation however is fixed by a scale under the WICA. If you make a common law claim, you may get more compensation as damages. However, you would have to prove your employer's negligence. It is advisable for you to seek legal advice as to which course to take, based on the actual merits of your case.