Singapore legislation
Regulation 2A
Regulation 2A
Apportionment of liability for compensation for disease
Subregulation 1
This regulation applies where —
an individual contracts a disease mentioned in section 10(1) or 34G(1) of the Act by a gradual process;
2 or more employers, 2 or more platform operators or a combination of one or more employers and one or more platform operators are severally liable to pay compensation under the Act in respect of the individual’s incapacity or death that results from that disease; and
all of those employers or platform operators or the combination of employers and platform operators (as the case may be) do not come to an agreement on the apportionment of liability in respect of that compensation.
Subregulation 2
For the purposes of section 11A(b) of the Act, an employer or a platform operator mentioned in paragraph (1)(b) is liable for the proportion of the compensation payable under the Act in respect of the individual’s incapacity or death that is computed according to the formula , where —
E —
in the case of an employer — is the individual’s earnings as an employee of the employer during the apportionment period; or
in the case of a platform operator — is the individual’s earnings as a platform worker of the platform operator during the apportionment period; and
A is the individual’s aggregate earnings during the apportionment period.
Subregulation 3
For the purposes of paragraph (2), the apportionment period applicable in respect of an individual —
starts on the date that precedes the date the individual’s incapacity commences or death happens (as the case may be) by the specified duration; and
ends on the date the individual’s incapacity commences or death happens, as the case may be.
Subregulation 4
In paragraph (3)(a), the specified duration is either of the following:
in a case where the individual contracts a disease specified in the first column of the Fifth Schedule — the duration specified in the second column of the Fifth Schedule opposite that disease;
in a case where the individual contracts a disease mentioned in section 10(1)(c) or 34G(1)(c) of the Act — subject to paragraph (5), 12 months.
Subregulation 5
The Commissioner may reduce the specified duration mentioned in paragraph (4)(b) by any period if the Commissioner is satisfied that the individual was not exposed to the chemical or biological agent to which the disease that the individual contracted is attributable during that period.
Subregulation 6
In paragraph (2)(b), “aggregate earnings” means —
in a case where only 2 or more employers are liable — the aggregate of the individual’s earnings as an employee of each of those employers;
in a case where only 2 or more platform operators are liable — the aggregate of the individual’s earnings as a platform worker of each of those platform operators; or
in a case where a combination of one or more employers and one or more platform operators are liable — the aggregate of —
the individual’s earnings as an employee of each of those employers; and
the individual’s earnings as a platform worker of each of those platform operators.