Singapore legislation

Section 3

of Work Injury Compensation Act

Section 3

Employer’s liability for compensation

Amended by5/20085/20085/20085/20085/20085/20085/2008

(1)

If in any employment personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with the provisions of this Act.

Amended by5/2008

(2)

An accident happening to an employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work shall be deemed to arise out of and in the course of his employment if at the time of the accident the means of transport is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being operated in the ordinary course of a public transport service.

Amended by5/2008

(3)

An accident happening to an employee in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue or protect persons who are, or are thought to be or possibly to be injured or imperilled, or to avert or minimise damage or loss to property.

Amended by5/2008

(4)

An accident happening to an employee shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident acting in contravention of any written law or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if —

(a)

the accident would have been deemed so to have arisen had such act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and

(b)

such act was done for the purposes of and in connection with the employer’s trade or business.

Amended by5/2008

(5)

An employer shall not be liable to pay compensation in respect of —

(a)

any injury to an employee resulting from an accident if it is proved that the injury to the employee is directly attributable to the employee having been at the time thereof under the influence of alcohol or a drug not prescribed by a medical practitioner; or

(b)

any incapacity or death resulting from a deliberate self-injury or the deliberate aggravation of an accidental injury.

Amended by5/2008

(5A)

In this section, “drug” means —

(a)

a controlled drug within the meaning of the Misuse of Drugs Act (Cap. 185); or

(b)

a prescription only drug specified for the purposes of section 29 of the Medicines Act (Cap. 176) that is not prescribed by a medical practitioner for the employee’s consumption or use.

Amended by5/2008

(6)

For the purposes of this Act, an accident arising in the course of an employee’s employment shall be deemed, in the absence of evidence to the contrary, to have arisen out of that employment.

Amended by5/2008