Singapore legislation

Clause 7

of Work Injury Compensation Bill

Clause 7

Employer’s liability to compensate for work injury

(1)

Where personal injury is caused to an employee by an accident arising out of and in the course of the employee’s employment with an employer, that employer is liable to pay compensation under this Act.

(2)

An employer is not liable to pay compensation in respect of —

(a)

any injury to an employee resulting from an accident if it is proven that the injury to the employee is directly attributable to the employee being at the time of the accident under the influence of alcohol or a drug; (b)deliberate self‑injury or the deliberate aggravation of an accidental injury by an employee; or (c)any injury to an employee suffered in a fight or an assault on one or more persons unless —

(i)

the employee did not assault any other person in the fight or, if the employee did assault any person, it was done in the exercise of the right of private defence in accordance with sections 97 to 106A of the Penal Code; or

(ii)

the employee was, at the time when the injury was suffered —

(A)

breaking up or preventing the fight or assault; or (B)in the course of safeguarding life or any property of any person or maintaining law and order, under any instruction or with the consent, whether express or implied, of the employee’s employer.

(3)

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 medicinal product —

(i)

specified for the purposes of section 29 of the Medicines Act (Cap. 176) that was not supplied in accordance with a prescription by an appropriate practitioner under that Act for the employee’s consumption or use; or

(ii)

under the law of the jurisdiction where the accident happened that was not supplied in accordance with a prescription in accordance with that law for the employee’s consumption or use.

(4)

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