Work Injury Compensation Bill

“accepted medical report” means a medical report made by a health professional in the form and manner specified by the Commissioner —

“adopted child”, in relation to a claimant, means any child whose adoption by the claimant is —

“approved medical institution” means a hospital, clinic, healthcare establishment or other medical institution that is prescribed as an approved medical institution;

“approved policy” means a policy of insurance, issued or renewed on or after the date of commencement of section 26, that complies with section 26(1);

“Assistant Commissioner” means any public officer appointed as an Assistant Commissioner (Work Injury Compensation) under section 6(1)(a);

“average monthly earnings” or “AME” means an amount computed in accordance with paragraph 6 of the First Schedule;

“claim” means a claim for compensation under this Act and includes a deemed claim under section 35;

“claimant” means an injured individual claiming compensation under this Act;

“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act (Cap. 91);

“contract of service” has the meaning given by the Employment Act;

“designated insurer” means a licensed insurer, within the meaning of the Insurance Act (Cap. 142), that is designated by the Commissioner under section 31(1);

“earnings” means all remuneration payable to an employee in respect of work done under the employee’s contract of service, and includes —

“employer’s insurer” means a designated insurer with whom the employer has an approved policy;

“health professional” means —

“injury” or “personal injury” includes an occupational disease or a disease mentioned in section 10(1)(c);

“investigation officer” means any public officer appointed as an investigation officer under section 6(1)(a);

“Medical Board” means the Medical Board appointed under section 57(1);

“medical treatment” includes dental treatment;

“occupational disease” means any condition specified in the first column of the Second Schedule;

“order of compensation” means any of the following orders:

“premises” has the meaning given by the Workplace Safety and Health Act (Cap. 354A);

“relative”, in relation to a claimant, means any of the following:

“repealed Act” means the Work Injury Compensation Act (Cap. 354) repealed by this Act;

“work injury”, in relation to an individual, means personal injury that is caused to the individual by an accident arising out of and in the course of the individual’s employment;

“Workers’ Fund” means the Workers’ Fund established, maintained and applied in accordance with regulations made under the repealed Act, and continued by this Act;

“workplace” means any premises where a person is at work, is to work, for the time being works, or customarily works.

In this Act —

“employee” means an individual who has entered into or works under a contract of service with an employer and —

“employer” means any person (A) who employs an individual (B) under a contract of service and includes —

Where an employer temporarily lends or lets on hire the services of an employee to another person, the employer is deemed, for the purposes of this Act, to continue to be the employer of the employee whilst the employee is working for that other person.

Despite a claimant working for an employer under a contract of service that was illegal at the time when the accident causing the injury happened, the Commissioner or the court may, having regard to all the circumstances of the case, deal with the case, or direct the employer’s insurer to deal with the case, as if the claimant had at that time been working under a valid contract of service with the employer.

The exercise and performance of the powers and duties of a department of the Government or a statutory authority are, for the purposes of this Act, deemed to be the trade or business of the Government or statutory authority, as the case may be.

An individual has temporary incapacity where the individual sustains one or more injuries that —

An individual has permanent incapacity where the individual sustains one or more injuries that —

An individual has current incapacity where the individual sustains one or more injuries that result in residual incapacity that is unlikely to change significantly after the date of assessment of the incapacity.

Subsection (3) does not apply to any incapacity or death resulting from any disease mentioned in section 10(1).

Where an individual has sustained one or more injuries resulting in permanent incapacity or current incapacity, the individual has —

The Commissioner may appoint such number of —

The Commissioner may, subject to such conditions or limitations as the Commissioner may specify, delegate the exercise of all or any of the Commissioner’s powers or duties under this Act (except the power of delegation under this subsection) to any Assistant Commissioner, investigation officer or authorised person.

Every authorised person appointed under subsection (1)(b) is taken to be a public servant for the purposes of the Penal Code (Cap. 224) when exercising any power conferred or performing any duty imposed on the authorised person by or under this Act.

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.

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

In this section, “drug” means —

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.

An accident is deemed to arise out of and in the course of the employee’s employment if —

An accident is deemed to arise out of and in the course of an employee’s employment if the accident happens to the employee —

Despite an accident happening to the employee while the employee is acting —

Subject to subsections (2), (3), (4) and (5) and section 11, where incapacity or death of an employee results from a disease contracted in the circumstances mentioned in paragraph (a), (b) or (c), compensation is payable as if the disease were a work injury and this Act applies accordingly:

When an employee —

No compensation is payable by an employer under this section in respect of the incapacity or death of an employee resulting from —

Subsection (3) does not apply to the death of an employee where the death is preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under subsection (1).

In this section, the limitation period for an occupational disease specified for an occupation is the period specified in the third column of the Second Schedule for that disease, starting on the day after the employee who contracts that occupational disease had ceased to be employed in that occupation.

For the purposes of calculating the employee’s AME for the computation of compensation payable by an employer under section 10(1)(a), (b) or (c), the date of the accident is taken to be the earliest of the following dates:

For all other purposes of this Act in relation to compensation payable under section 10(1)(a), (b) or (c), the date of the accident is taken to be —

If an employee contracts a disease mentioned in section 10(1) by a gradual process, so that 2 or more employers are severally liable to pay compensation under that section in respect of the employee’s incapacity or death —

Where any person (called in this section the principal) contracts, in the course of or for the purpose of the principal’s trade or business, with any other person (called in this section the contractor) —

Where the Commissioner makes a direction against the principal under subsection (1), the principal is liable to pay the employee any compensation payable under this Act as if that employee had been immediately employed by the principal, except that the amount of compensation is to be calculated with reference to the earnings of the employee under the contractor.

Where the principal pays compensation under this section, the principal is entitled to be indemnified by the employer who would have been liable to pay compensation under this Act to the employee independently of this section.

The Commissioner’s direction under this section against a principal does not bar subsequent proceedings under this Act against the employee’s employer to recover so much of the compensation as may remain unpaid.

This section applies only if the accident occurs at a place —

For the purposes of determining the permanent incapacity or current incapacity of an employee resulting from the employee’s work injury, an accepted medical report is evidence of the employee’s —

Subsection (1)(b) does not apply to any incapacity resulting from the diseases mentioned in section 10(1).

An employer is liable to pay compensation in accordance with paragraph 5 of the First Schedule for the following medical treatment received by an employee for a work injury:

The compensation payable under subsection (1)(a) for medical treatment received at an approved medical institution by the employee must be paid directly to the proprietor of the approved medical institution, after deducting any amount previously paid by or on behalf of the employee to the proprietor of the approved medical institution for the medical treatment.

The proprietor of an approved medical institution is entitled to recover the compensation (less the deductions) mentioned in subsection (2) directly from the employer.

Where the cost of any medical treatment that the employer is liable to pay under subsection (1) is paid by the employee or by any other person on behalf of the employee, the employee or that other person is entitled to recover the cost from the employer.

Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s employer or employer’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to reimburse the payer or the Commissioner (as the case may be) for such payment if —

Subsection (5) applies to the payer only if —

Where the payer is the claimant’s employer, the Commissioner must not, under subsection (5), order the reimbursement of any payment that the employer is obliged to pay under the Employment of Foreign Manpower Act (Cap. 91A).

Any reimbursement ordered under subsection (5) is recoverable directly from the claimant.

Where any work injury results in the temporary incapacity of an employee, the compensation the employer is liable under this Act to pay to the employee is a periodical payment that is —

The Commissioner may review any periodical payment for temporary incapacity, on the application of the employee, the employer or the employer’s insurer, if accompanied by a certificate of a health professional that there has been a change in the condition of the employee.

Subject to the provisions of this Act, the Commissioner may, on a review under subsection (2), direct any periodical payment to the employee for temporary incapacity to be continued, increased, decreased or ended.

Any periodical payments for temporary incapacity may be commuted into a lump sum, of an amount agreed between the employer liable to make the periodical payments and the employee, after —

Where any person has paid any compensation under this section in respect of a claimant’s work injury as the claimant’s employer or employer’s insurer (called in this section the payer) or any ex gratia payment has been made under section 70 in respect of such compensation, the Commissioner may order the claimant to refund such payment if —

Subsection (5) applies to the payer only if —

Any refund ordered under subsection (5) is recoverable directly from the claimant.

The Commissioner may direct an employer’s insurer to pay, on behalf of the employer, any amount in respect of the compensation under section 16 or 17 or any amount under an order of compensation, not exceeding the amount of the employer’s liability for that compensation that is insured by the employer’s insurer.

Subject to subsection (3), where an employer’s insurer is required under subsection (1) or section 28 or 47 to pay any amount in respect of the employer’s liability for an employee’s claim, the employer’s insurer must pay the amount in the following manner within the prescribed time:

Where the Commissioner directs the employer’s insurer to deposit any amount mentioned in subsection (2) with the Commissioner under section 21, the employer’s insurer must comply with the direction in such manner and within such time as the Commissioner may specify.

An employer who is liable to pay compensation under section 16 or 17 or any amount under an order of compensation in respect of an employee’s work injury must, unless the compensation is paid or deposited by the employer’s insurer under section 18 or deposited with the Commissioner under subsection (2), pay the compensation within the prescribed time —

Unless the Commissioner directs otherwise under section 20, an employer must deposit the following payments with the Commissioner, in such manner and within such time as the Commissioner may specify:

Where the Commissioner is satisfied that compensation cannot be paid by an employer’s insurer in accordance with section 18(2)(a), (b), (c) or (d) or by the employer to the employee under section 19(1)(a), the Commissioner may direct the employer’s insurer or the employer (as the case may be) to make the payment —

The Commissioner may vary any direction made under this section if the Commissioner is satisfied, after such inquiry as the Commissioner considers necessary, that the direction ought to be varied by reason of any change in the circumstances of any relative of the employee, or for any other sufficient cause.

The Commissioner must not make any direction or any variation under this section that prejudices any person, unless that person has been given a reasonable opportunity to make representations to the Commissioner.

The Commissioner may direct an employer or the employer’s insurer to deposit with the Commissioner any compensation in respect of an employee’s work injury that is payable under this Act, in such manner and within such time as the Commissioner may specify.

The Commissioner may make payment from any amount deposited with the Commissioner that is payable to an employee in all or any of the following ways:

Where any payment is made to any relative of the employee under subsection (2)(d), or under a direction made under section 20, the Commissioner may direct that relative to invest, apply or otherwise deal with the amount paid for the benefit of that employee in such manner and for such period as the Commissioner may specify.

This section does not limit section 69.

The receipt by any person who is paid in accordance with section 18(2), 19(1) or 21(2)(a), (b), (c) or (d) of the amount paid is a sufficient discharge for the compensation and interest paid.

The receipt by the Commissioner for any amount deposited under section 18(3), 19(2) or 59 is a sufficient discharge for the compensation and interest up to the amount so deposited.

Any payment of compensation or interest made in contravention of section 18(2), 19(1) or 21(2)(a), (b), (c) or (d) is deemed not to be a discharge for the compensation or interest paid.

This section does not affect the right of any person to make a claim against any other person who has been paid under section 18(2), 19(1) or 21(2) for the amount paid.

This section applies despite —

Subject to sections 51 and 52(c), any contract or agreement by which an employee relinquishes any right of compensation from the employer for work injury is void insofar as it purports to remove or reduce the liability of any person to pay compensation under this Act.

Subject to the provisions of this Act, the payment of compensation under this Act or an accrued right to such payment is not —

Every employer must insure and maintain insurance under one or more approved policies with one or more designated insurers against all liabilities that the employer may incur under this Act in respect of every employee of the employer.

Subsection (1) —

An employer who contravenes section 24(1) shall be guilty of an offence and shall be liable on conviction —

A person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —

It is not a defence to a charge for an offence under subsection (1) that the employer did not know —

An employer who, for the purpose of defraying or partly defraying the cost of insurance required under section 24, makes any deduction from the earnings of an employee of the employer, shall be guilty of an offence and shall be liable on conviction —

A person is a repeat offender in relation to an offence under subsection (4) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —

An approved policy —

The Minister may prescribe different sets of compulsory terms for different classes of approved policies, employers or employees, and the compulsory terms may also require approved policies to cover any other liability of the employer to pay compensation under common law or any other written law for an employee’s work injury.

Any insurer that issues to an employer any insurance policy that purports to insure the whole or part of the employer’s liability for compensation under this Act —

Subsection (3) does not impose any obligation or liability on the insurer to pay any amount in excess of the minimum amount (if any) prescribed for the purposes of section 24(2)(b) that applies to the employer.

Where an insurer is liable to pay compensation pursuant to subsection (3), the references to the employer’s insurer in sections 3(3), 16, 17, 18, 19, 21, 27, 35, 40, 43, 48, 49, 50(1)(b), 51, 52, 54, 58, 63 and 82 apply as if they include references to that insurer.

In any proceedings under Part 4, an employer’s insurer is not entitled to raise any objection or defence to a claim on the ground that there is in force another insurance policy issued by another insurer covering the same liability under this Act in respect of the claim as the insurance policy issued by the employer’s insurer.

Nothing in subsection (1) affects any other law —

Despite any written law relating to bankruptcy or the winding up of companies, where an employer has entered into a contract with any insurer in respect of any liability under this Act to any employee, the rights of the employer under the contract against the insurer in respect of that liability are transferred to and vest in the employee in any of the following events:

On a transfer to an employee under subsection (1), the insurer has —

If the insurer’s liability to the employee under subsection (2)(b) is less than the liability of the employer to the employee, the employee may, as the case may be —

Where the employer’s liability is to pay periodical payments for temporary incapacity —

This section and section 29 do not apply where a company is wound up voluntarily only for the purpose of reconstruction or of amalgamation with another company.

Subsections (2), (3), (4) and (5) apply where the contract mentioned in section 28(1) is void or voidable by reason of the employer’s non‑compliance with any terms or conditions of the contract, other than a requirement to pay premiums.

Section 28(1) applies as if the contract mentioned in that provision were not void or voidable only if the employee gives notice to the insurer of the matters mentioned in paragraph (a) as soon as practicable after the employee becomes aware of all of the following:

Where, despite the contract mentioned in section 28(1) being void or voidable, the insurer pays any amount to the employee in respect of the employer’s liability to pay compensation under this Act, the insurer is entitled to —

The relevant amount mentioned in subsection (3) is the amount paid, excluding (where the contract is void or voidable only in part) the amount that the insurer is still liable to pay under any part of the contract that is not void or voidable.

The relevant amount mentioned in subsection (3) is to be paid to the insurer in priority as if it were an amount due in respect of work injury compensation under this Act in accordance with the provision mentioned in paragraph (a), (b) or (c), if the employer’s liability to pay the compensation accrued before the date specified in that paragraph: (a)section 352 of the Insolvency, Restructuring and Dissolution Act 2018 (Act 40 of 2018) — the date of the bankruptcy order;

A person other than a person mentioned in subsection (2) who offers, or enters into a contract, to provide insurance in respect of the liability of any employer to pay compensation under this Act shall be guilty of an offence and shall be liable —

Only the following persons may offer or enter into a contract (as the case may be) to provide the insurance mentioned in subsection (1):

A person (whether or not a designated insurer) who offers, or enters into a contract, to provide any insurance in respect of the liability of any employer to pay compensation under this Act, which is not an approved policy, shall be guilty of an offence and shall be liable —

It is not a defence to a charge for an offence under subsection (1) or (3) that the person did not know that the contract of insurance offered or entered into —

To avoid doubt, this section does not prohibit the making of an offer or contract to provide —

In this section, unless the context otherwise requires, a reference to offering to provide insurance in respect of any liability under this Act includes a reference to —

The Commissioner may designate any licensed insurer, within the meaning of the Insurance Act, that satisfies the prescribed requirements to be a designated insurer.

The Commissioner may, from time to time, impose conditions on any designated insurer, including a condition requiring the designated insurer to comply with specified standards of performance relating to the processing of claims under this Act.

The Commissioner may, from time to time, modify or add to the conditions imposed on a designated insurer.

The Commissioner must, before modifying or adding to any conditions imposed on a designated insurer, give notice to the designated insurer concerned —

Where a designated insurer makes any representations under subsection (4)(b), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision.

Unless earlier cancelled under subsection (8)(a) or section 34, a person’s designation as a designated insurer expires at the end of the period (if any) specified by the Commissioner in the designation.

A designated insurer may apply, in the form and manner required by the Commissioner, for cancellation of the designation.

Where a designated insurer applies under subsection (7), the Commissioner may do one or more of the following:

When deciding any matter under subsection (8), the Commissioner must consider whether proper arrangements have been made to ensure that the designated insurer’s obligation to comply with every condition, direction and requirement mentioned in section 32(1) in respect of the following are met: (a)every approved policy and every insurance policy issued by that insurer that purports to insure an employer’s liability to pay compensation under this Act; (b)any payment insured, or purportedly insured, under such an insurance policy.

The following persons may, within the prescribed time, appeal to the Minister whose decision is final:

A decision of the Commissioner under subsection (5) or (8) takes effect despite any pending appeal to the Minister against the decision.

A designated insurer must comply with every —

Despite the suspension of a person’s designation as a designated insurer, the designated insurer must continue to comply with every condition, direction and requirement mentioned in subsection (1) in respect of the following unless the Commissioner directs otherwise:

The expiry, suspension or cancellation of the designation of a designated insurer does not prejudice the enforcement of any right or claim in relation to the matters mentioned in subsection (2)(a) and (b) —

For the purposes of this Act, the Commissioner may —

Section 2(3) of the Public Sector (Governance) Act 2018 (Act 5 of 2018) applies in determining the information under the control of the Ministry of Manpower mentioned in subsection (1)(c)(ii).

No liability shall lie against the Government, the Commissioner or any public officer or individual appointed under section 6(1) for any loss or damage suffered by any person by reason of any error or omission in any information or returns disclosed or published, in good faith and with reasonable care, under subsection (1)(c).

Where a designated insurer fails to comply with section 32(1), the Commissioner may do all or any of the following:

The Commissioner must, before taking any action under subsection (1), give notice to the designated insurer concerned —

Where a designated insurer makes any representations under subsection (2)(b), the Commissioner must consider the representations and notify the designated insurer of the Commissioner’s decision.

The order under subsection (1)(b) must specify the date by which the financial penalty is to be paid.

A person who fails to pay any financial penalty imposed under this section by the date specified under subsection (4) is liable to pay interest on the amount unpaid at the same rate as for a judgment debt.

Any financial penalty or interest payable under this section is recoverable by the Commissioner, or any person duly authorised by the Commissioner, as a debt due to the Government.

The Commissioner may waive or remit the whole or any part of any financial penalty imposed, or interest due, under this section.

Any financial penalty or interest collected under this section must be paid into the Consolidated Fund.

In any proceedings for the recovery of any financial penalty or interest due on any financial penalty, a certificate of the Commissioner certifying the amount mentioned in paragraph (a) or (b) is prima facie evidence of, as the case may be —

A designated insurer who is aggrieved by a decision of the Commissioner under subsection (1) may, within the prescribed time, appeal to the Minister whose decision is final.

A claim for compensation under this Act is deemed to be made by an employee when the employer first has notice of an accident giving rise to the employee’s work injury.

An employer has notice of an accident for the purposes of this Act when either of the following events occurs:

Every employer must, within the prescribed time after the employer first has notice of an accident giving rise to work injury to any employee of the employer, give notice of the accident to —

An employee must, as soon as possible after sustaining a work injury in an accident, notify the employer or any of the other persons mentioned in subsection (2)(a).

The employee’s claim under this Act is deemed to be withdrawn if the employer does not have notice of the employee’s accident at the end of whichever period specified in paragraph (a), (b) or (c) that ends last:

Subject to subsection (7), the Commissioner may specify a period for the purposes of subsection (5)(c) only if the Commissioner is satisfied that the delay was caused by mistake, absence from Singapore or other reasonable cause.

The Commissioner must not specify a period for the purposes of subsection (5)(c) if the Commissioner is satisfied that the delay was caused by an action for damages being instituted by or on behalf of the employee in any court for compensation in respect of that accident.

An employer who fails to give notice of an accident to the Commissioner in accordance with subsection (3)(a) shall be guilty of an offence and shall be liable on conviction —

A person is a repeat offender in relation to an offence under subsection (8) if the person who is convicted of an offence under that subsection has been convicted on at least one other earlier occasion of —