Singapore legislation

Section 11

of Work Injury Compensation Act

Section 11

Notice and claim

Amended by34/805/20085/2008

(1)

Except as provided in this section, proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless —

(a)

notice of the accident has been given to the employer by or on behalf of the employee as soon as practicable after the happening thereof;

(b)

a claim for compensation with respect to that accident has been made within one year from the happening of the accident causing the injury, or, in the case of death, within one year from the date of the death; and

(c)

the claim has been made in such form and manner as the Commissioner may determine.

Amended by34/805/2008

(2)

No notice to the employer shall be necessary where a fatal accident has occurred.

(3)

The want of or any defect or inaccuracy in a notice shall not be a bar to the maintenance of proceedings if —

(a)

the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident; or

(b)

it is found in the proceedings for settling the claim that the employer is not, or would not be, if a notice or an amended notice were then given and the hearing postponed, prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Singapore or other reasonable cause.

(4)

The failure to make a claim within the period specified in subsection (1) shall not be a bar to the maintenance of proceedings if it is found that the failure was occasioned by mistake, absence from Singapore or other reasonable cause.

(5)

Notice to the employer (or, if there is more than one employer, to one of such employers) in respect of an injury may be given either in writing or orally or to the foreman or other person under whose supervision the employee was employed, or to any person designated for the purpose by the employer, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident happened.

Amended by5/2008

(6)

The notice if in writing may be given by delivering the notice at, or sending it by registered post addressed to, the residence or place of business of the person to whom it is to be given.