Work Injury Compensation A Guide For Employers Foreword This guide provides a brief overview of the Work Injury Compensation Act and the procedures for making claims. It also outlines the amendments to the Act that were passed by Parliament in November 2011. These changes ) will take effect on 1 June 2012. (highlighted as The information contained in this guide is provided for information only, and does not constitute legal advice. In cases of doubt, reference should be made to the Work Injury Compensation Act. Contents Overview of Work Injury Compensation Act (WICA) i. What is the Work Injury Compensation Act 3 ii. Who is covered under WICA 4 iii. When is compensation payable 4 iv. What benefits can be claimed under WICA 6 Work Injury Compensation (WIC) Insurance i. Is it mandatory to purchase Work Injury Compensation insurance 9 9 ii. Changes related to WIC insurance iii. Guide to purchasing WIC insurance 10 iv. Providing details of WIC insurance to MOM 11 The Work Injury Compensation Claim Process i. What you should do as an employer 13 ii. Checking status of claim 17 Incident Reporting i. Requirement to report incidents 19 ii. How to report: Notify the Commissioner 20 iii. How to report: Submit an Incident Report 21 2 Overview of Work Injury Compensation Act What is the Work Injury Compensation Act? The Work Injury Compensation Act (WICA) provides injured employees with a low-cost and expeditious alternative to common law to settle compensation claims. To claim under WICA, the employee only needs to prove that he was injured in a work accident or suffered a disease due to his work. Engaging a lawyer is not required. His employer (or employer’s insurer) is liable to pay the compensation regardless of who caused the accident/disease, and even after the employment has ceased or the Work Pass (of a foreign worker) has been cancelled. The amount of compensation is computed based on a fixed formula and is subject to caps. Dependants of deceased employees are also eligible to claim Work Injury Compensation. Alternatively, the employee can file a civil suit against the negligent party under common law for damages. However, to succeed, he and his lawyer will need to prove that the employer or a third party had caused his injury. He will also need to substantiate the amount of damages before the Courts, and damages are not capped. An injured employee can claim from either WICA or common law, but not from both. Refer to pages 6 and 7 to find out more on the compensation formula and limits. 3 Who is covered under WICA? Covered Not covered All employees engaged under a “contract of service” or “contract of apprenticeship” with an employer, regardless of salary level. Self-employed persons / independent contractors Domestic workers Any member of Singapore Armed Forces and any uniformed officers of Singapore Police Force, Singapore Civil Defence Force, Central Narcotics Bureau or the Singapore Prisons Service What is “contract of service”? A contract of service is any agreement, written or oral, where one person agrees to employ another as an employee. When is Compensation Payable? Compensation is payable when an employee: • suffered an injury by an accident arising out of and in the course of employment, or • contracted an occupational disease, or • contracted a disease due to work-related exposure to biological or chemical agents What is considered “an accident arising out of and in the course of employment”? It refers to an accident that (i) happened during working hours/overtime or while on official duties (“in the course of employment”) and (ii) happened due to work (“out of employment”). E.g. A wood factory worker makes use of his free time during working hours to build himself a cupboard. He hurt his finger while doing so. Although the accident happened in the course of his employment (occurred during working hours), it did not arise out of his employment as it was not due to work. Thus, the accident is not compensable under WICA. It includes incidents that are incidental to employment such as while going to the toilet as well as slipping and falling within company’s premise. An accident that happened in the course of employment is regarded as having arising out of the employment unless there is evidence to prove otherwise. Refer to Annex A on page 22 for the list of occupational diseases that are compensable under WICA. 4 Overview of the Work Injury Compensation Act (WICA) See table below on wica’s coverage for some commonly misunderstood scenarios. Scenario Compensable under WICA? Employee met with a traffic accident while taking company transport to and fro between home and workplace. The vehicle is not a public transport. Yes Employee met with a traffic accident while travelling in his own car / his friend’s car / public transport to and fro between home and workplace. No (a) Employee did not make any personal detour such as running personal errand. Yes (b) Employee met with an accident while making a personal detour. No Employee, who is employed by a Singapore employer and resides in Singapore during his course of employment, suffered a work injury during an overseas assignment. Yes Seaman suffered a work injury while on board a Singapore-registered vessel, regardless of the location of the vessel. Yes Employee’s injury was due to him being under influence of alcohol or a prescription drug which was not prescribed by a doctor. No Deliberate self-injury or deliberately making the injury worse. No Commuting accidents during work and for work purpose (e.g. travel from workplace to venue for meeting), regardless of the mode of transport. Workers who are injured in work-related fights are not eligible for compensation, except in certain scenarios such as when the worker was a victim and did not participate in the fight, or when he was injured while exercising private defence, or instructed to break up the fight, safeguard life/property or maintain law and order. 5 What benefits can be claimed under WICA? Three compensation benefits can be claimed: • • • Medical leave wages Medical expenses Lump sum compensation for permanent incapacity or death Medical Leave Wages Outpatient medical leave (MC) Hospitalisation leave Full pay Up to 14 days Up to 60 days 2/3 pay 15th day onwards, up to 1 year from accident 61st day onwards, up to 1 year from accident Things to note about medical leave wages: 1. Computed based on worker’s Average Monthly Earnings (AME) i.e. average earnings over last 12 months before the accident, including overtime pay, but excluding transport allowance and reimbursement. 2. Payable only for working days that are covered by doctor-granted MC/hospitalisation leave. 3. No medical leave wages payable on non-working days e.g. rest day and public holiday. 4. Employers are required to make payment no later than the worker’s usual pay day. Medical Expenses • Payable by employer, up to maximum limits (see table below), as long as treatment is considered necessary by a Singapore-registered doctor. • Medical expenses include cost of medical consultation fees, ward charges, treatment, charges for physiotherapy, occupational and speech therapy, the cost of medicines, artificial limbs and surgical appliances, etc. Maximum Limits 6 For accidents that happened before 1 Jun 2012 For accidents that happened on and after 1 Jun 2012 Up to $25,000 or 1 year from date of accident, whichever is reached first Up to $30,000 or 1 year from date of accident, whichever is reached first Overview of the Work Injury Compensation Act (WICA) Compensation for Permanent Incapacity and Death Permanent Incapacity Compensation Death Compensation When is it payable? When injury or illness has permanent effects on the employee’s ability to work When injury caused death of employee Formula for computing compensation Amount payable = [employee’s Average Monthly Earnings]1 x [age multiplying factor]2 x [% permanent incapacity]3 Amount payable = [employee’s Average Monthly Earnings]1 x [age multiplying factor]2 Compensation is payable to Injured employee Dependants of deceased employee Amount is subjected to the below limits: For accidents that happened before 1 Jun 2012 For accidents that happened before 1 Jun 2012 Minimum $60,000 x % PI $73,000 x % PI $47,000 $57,000 Maximum4 $180,000 x % PI $218,000 x % PI $140,000 $170,000 For accidents that happened on and after 1 Jun 2012 For accidents that happened on and after 1 Jun 2012 Notes: 1 Refer to page 6 on the calculation of Average Monthly Earnings. 2 Refer to page 26 (Annex B) for the list of age multiplying factors. 3 % Permanent Incapacity (%PI) is based on doctor’s assessment after the employee’s medical condition stabilises. Doctor makes the assessment based on a set of guidelines in the “Guide to the Assessment of Traumatic Injuries and Occupational Diseases for Workmen’s Compensation” (“GATIOD”) which is available at http://www.mom.gov.sg 4 An additional 25% of the compensation amount is awarded if an injured employee suffered total permanent incapacity (i.e. 100% PI). Refer to Annex C on page 28 for the calculation of the compensation amount 7 8 Work Injury Compensation Insurance Is it mandatory to purchase Work Injury Compensation insurance? Every employer is required by law to maintain adequate Work Injury Compensation (WIC) insurance for: • All employees doing manual work, regardless of salary level; and • All employees doing non-manual work and earning $1,600 or less a month. This is applicable to both local and foreign employees. Failure to do so is an offence punishable by a maximum fine of $10,000 and/or imprisonment of up to 12 months. If you did not maintain adequate insurance (e.g. you have 10 manual workers but bought insurance for only 8 of them), you would have committed an offence. For other employees doing non-manual work with monthly earning of above $1,600, employers have the flexibility to decide whether to buy insurance for them. In the event of a valid claim, the employer will be required to pay the compensation if he does not have insurance coverage for this group of employees. Changes related to WIC insurance 1. Work-related exclusion clauses disallowed Work-related exclusion clauses, except pertaining to asbestos, will be prohibited for the purpose of WIC insurance. Insurers will be liable to make payment of the compensation even if work-related exclusions exist in the policy. Insurers will continue to be able to seek recovery contractually from the employer if such recovery is included in the insurance policy. This is applicable to both local and foreign employees. 2. Employer’s insurer liable to pay when there are multiple insurance policies When there are multiple WIC insurance policies in place (e.g. main contractor’s project insurance and sub-contractor’s annual policy), the employer’s insurance policy will first be used to satisfy a claim. This helps ensure timely receipt of compensation by the injured employee. A third party’s insurance policy can be allowed to pay the compensation if they convey in writing to MOM its intent to pay compensation on behalf of the employer’s insurer, before the notice of assessment is issued. 9 Guide to purchasing WIC insurance When purchasing or reviewing insurance coverage, employers should 10 • Ensure that there is a Work Injury Compensation insurance covering their employees. Such an insurance policy should cover the benefits stipulated under WICA for employees injured at work, including medical leave wages, medical expenses (both hospitalization and outpatient) and permanent incapacity & death compensation. • Check the types of employees covered under the policy Employers should review the occupations and number of employees listed on the insurance policy. It must reflect the employees who should be covered. Do not under declare the number of employees to be insured to the insurer. This will cause some of your employees to be uninsured. • Check for any work-related exclusion clauses and recovery clauses With effect from 1 June 2012, work-related exclusion clauses will be disallowed. If an insurance policy bought after this date and contains work-related exclusion clauses, the insurer will still be liable to pay the compensation in the event of a valid claim. The insurer may be able to recover from the employer any such compensation paid out if the insurance policy contains a contractual clause allowing the recovery. When in doubt, employers should approach their insurers to clarify on any of the terms in the insurance policy. Work Injury Compensation (WIC) Insurance Providing details of WIC insurance to MOM (applicable for employers of Work Permit & S Pass employees only) Employers are required to provide the following information to the Ministry during issuance or renewal of the Work Permit or S Pass: • • • • Name of Insurer; Policy Number; Policy Commencement Date; and Policy Expiry Date (inclusive of maintenance period, if any) Note: Expired polices will not be accepted. 11 12 The Work Injury Compensation Claim Process What you should do when your employee suffers an injury or disease due to work… Step 1: Report Accident • Submit accident report to MOM If your worker reports of being unwell, ask and find out if it is due to an accident or a disease due to work. If so, submit a report via http://www.mom.gov.sg/ireport within 10 days from the date of accident or date of diagnosis of the disease, or within 10 days from the 4th day of medical leave whichever applicable. For cases involving less than 4 days of MC, you are encouraged to report the accident or occupational disease to MOM if the employee wants to claim permanent incapacity compensation under WICA. • Inform your insurer of the accident This facilitates you getting reimbursements from your insurer. • Pay medical leave wages to the employee not later than his usual pay day You are required to do so as long as the MC is issued by a Singapore doctor, even if it is not from your company clinic. • Pay the medical expenses directly to the hospital / clinic You are required to do so as long as the treatment is considered necessary by a Singapore doctor, even if it is not provided by your company clinic. Important: 1) Employee remains eligible to claim compensation even if his employment or work pass has been terminated. 2) If employer has bought WIC insurance and is awaiting insurer to settle payment, he is required to nonetheless pay the medical leave wages and medical expenses to the employee promptly, and then obtain reimbursement from the insurer later. 13 If you are the employer of a Work Permit holder… • Under the Employment of Foreign Manpower Act and conditions of the Security Bond, you are required to upkeep and maintain the worker during his stay in Singapore. This includes provision of medical treatment and acceptable housing. Failure to do so may result in having your security bond forfeited. • Do not repatriate the worker against his wish if his WICA claim is outstanding. Refer to pages 19 to 21 to find out more about incidents that need to be reported. Steps 2 to 5 are only applicable should your employee (or his dependants) wish to claim compensation for permanent incapacity or death. Step 2: File Claim by Worker 14 For Permanent Incapacity Compensation claims For Death Compensation claims • MOM will send you a copy of the medical report form. 3 7 • Once your employee decides to claim under WICA, you are required to send the medical report form and pay the medical report fees to the treating hospital/clinic. This is for the hospital/clinic to assess the extent of the employee’s injury. 3 7 • The medical report fee should be borne by you. 3 7 • You, the supervisor or/and co-workers may be required to attend an interview with MOM before MOM assesses whether the claim is compensable. 3 3 The Work Injury Compensation Claim Process Step 3: Worker undergoes medical assessment • Facilitate your employee to attend all his medical appointments. This ensures his early recovery and the speedy conclusion of his claim. For Permanent Incapacity Compensation claims For Death Compensation claims 3 7 Step 4: Receipt of Notice of Assessment Majority of claims are settled within 3-6 months. For workers with more complicated injuries, more time may be needed for their injuries to stabilise before the doctor can assess the % permanent incapacity. What to expect • Upon receipt of the medical report (or death certificate for fatal cases) from the hospital/clinic, MOM will assess the compensation amount. • MOM will issue a Notice of Assessment to inform the employee, employer and the insurer of the amount of compensation payable. • If anyone disagrees with the assessment, he has up to 14 days from the date of the Notice of Assessment to lodge an objection with MOM. Any objection lodged after this period may be disregarded. • Any party who is unclear on the content of the Notice should contact the case officer for help immediately. • If no one objects to the Notice, employer/insurer is required to pay the compensation within 21 days of the Notice. Please note that interest may be incurred for late payment. • If there is an objection(s), MOM will facilitate its resolution (See step 5). 15 Step 5: Resolve objections (if any) Majority of disputes are resolved within 2-4 months. Disputes that are required to be heard before the Labour Court will take more time. Dispute Resolution Type of Objections What to Expect • • The worker will undergo a re-assessment with a panel appointed by the Work Injury Compensation Medical Board. • The panel comprises 2 senior consultants from restructured hospitals. • The Medical Board fee of $357 and any other necessary tests required by the Medical Board will be borne by the objecting party. If the fee is not paid in time, the objection may be struck off. • Award by the Medical Board is final. This is regardless of whether the award is higher, lower or same as the initial % PI indicated in the Notice of Assessment. • MOM will hold a pre-hearing conference. The objecting party will be required to furnish supporting document or evidence to substantiate his/her objection. • Unsubstantiated objection may be struck off. • If dispute remains unresolved, the case will be referred to the Labour Court for hearing. • A party objects to the % permanent incapacity (PI) assessment given by the assessing doctor. Any other objections, such as the injury/disease being work-related or not, and the Average Monthly Earnings indicated in the Notice of Assessment being incorrect. Once all disputes are resolved, MOM will issue a Court Order requiring the employer/ insurer to pay the compensation within 21 days of the Court Order. If payment is not made, the claimant should seek help from MOM. Important: Failure to pay compensation is an offence, punishable by a maximum fine of $10,000 and/or imprisonment of up to 12 months. 16 The Work Injury Compensation Claim Process Checking Status of Claim To check the latest updates of a claim, you can: • • • • Call MOM at 6438 5122 and follow the instructions on the interactive voice recording system Check the claim status online using the e-Service “Check Status of Work Injury Claim” at http://www.mom.gov.sg Contact the case officer handling the claim, or Come to MOM personally and speak with an officer at the counters 17 18 Incident Reporting Requirement to report incidents As an employer, you are required under the Workplace Safety and Health Act & Work Injury Compensation Act to report an incident to MOM under the following scenarios: Scenario Reporting method • An employee died in a work accident. 1. Notify the Commissioner at once and • An employee was injured in a work accident or contracted a disease due to work exposure to biological / chemical agent, and –Hospitalized for at least 24 hours, or 1. Submit incident report online within 10 calendar days of accident, receipt of the written diagnosis for disease or within 10 days from the 4th day of medical leave whichever applicable. –Given MC for more than 3 calendar days (consecutive or otherwise) • An employee contracted an Occupational Disease. 2. Submit incident report online within 10 calendar days of accident. 2. If the employee subsequently died from injury/disease, you must notify the Commissioner as soon as you know of the death. Submit incident report online within 10 calendar days of receiving the written diagnosis of the disease. Refer to Annex D on pages 29 to 31 to know what kinds of incidents are required to be reported. When in doubt, you are encouraged to report the incident. 19 How to report: Notify the Commissioner Notify the Commissioner immediately if... Who should report • An employee died Employer – during work or – at a workplace as a result of work • Self-employed or member of public died at your workplace as a result of works done Occupier • Self-employed or member of public died or was injured as a result of works done at your workplace and was sent to hospital for treatment Occupier • No one was injured but incident is considered a Dangerous Occurrence (DO) Occupier • • Call +65 6317 1111 or Fax to +65 6535 2550 You will be asked to provide the following information: 1. 2. 3. 4. 5. 6. 20 Date and time of the incident Place of the incident Name and identification number of the injured/deceased, if any Name of the employer and occupier Brief description of the incident Name and contact details of the person making the notification Incident Reporting How to report: Submit an Incident Report All incident reports are to be submitted online at http://www.mom.gov.sg/ireport within 10 days from the date of accident or date of diagnosis of the occupational disease, or within 10 days from the 4th day of medical leave, whichever applicable. You will need to have ready the following: 1. Personal particulars and company details of person reporting 2. Details of Incident/Occupational Disease 3. Details of injured person (e.g. personal particulars, employment, injury, insurance). If you have not submitted the report within the mandated timeline, please: • • submit the report without further delay and include an explanation for your late reporting You are required to update the online report when the injured is given more MCs. 21 Annex A: List of Compensable Occupational Diseases 22 S/N Description of Occupational Disease or Injury Nature of Occupation 1 Anthrax Any occupation involving exposure to animals infected with the Anthrax spores or bacteria, tissues or products of infected animals, or any material or substance containing the Anthrax spores or bacteria. 2 Asbestosis Any occupation involving exposure to asbestos fibre. 3 Barotrauma Any occupation involving exposure to compressed air. 4 Byssinosis Any occupation involving exposure to raw cotton fibre. 5 Cataract due to infra-red, ultraviolet or X-ray radiation Any occupation involving frequent or prolonged exposure to infra-red, ultraviolet or X-ray radiation. 6 Compressed Air Illness or its sequelae, including dysbaric osteonecrosis Any occupation involving exposure to compressed air. 7 Diseases caused by ionising radiation Any occupation involving exposure to ionising particles from radioisotopes or irradiation apparatus. 8 Diseases caused by excessive heat Any occupation involving exposure to excessive heat. 9 Glanders Any occupation involving exposure to animals infected with the Burkholderia mallei bacterium, tissues of infected animals, or any material or substance containing the Burkholderia mallei bacterium. 10 Leptospirosis or its sequelae Any occupation involving exposure to animals infected or environment contaminated with the Leptospira bacteria, or any material or substance containing the Leptospira bacteria. Annexes Annex A: List of Compensable Occupational Diseases (Cont’d) S/N Description of Occupational Disease or Injury Nature of Occupation 11 Liver Angiosarcoma Any occupation involving exposure to vinyl chloride monomer or arsenic. 12 Mesothelioma Any occupation involving exposure to asbestos fibre. 13 Musculoskeletal disorders of the upper limb Any occupation involving exposure to occupational risk factors involving repetitive motion, forceful exertion, awkward postures or vibration, affecting the upper limbs. 14 Noise-Induced Deafness Any occupation involving prolonged exposure to excessive noise. 15 Occupational Asthma Any occupation involving exposure to any chemical or other agent which is known to irritate or sensitise the respiratory system. 16 Occupational skin cancers Any occupation involving exposure to polycyclic hydrocarbons, tar, pitch, bitumen, mineral oil (including paraffin), soot or arsenicals, or any compound, product, or residue of any of these substances, or to ultraviolet radiation. 17 Occupational skin diseases Any occupation involving exposure to any skin irritant or sensitiser or any other agent which is known to damage skin. 18 Poisoning by — Any occupation involving exposure to — (a) Arsenic Arsenic or any of its compounds, or any mixture or solution containing arsenic or any of its compounds; (b) Benzene or a homologue of benzene Benzene or any of its homologues, or any mixture or solution containing benzene or any of its homologues; 23 Annex A: List of Compensable Occupational Diseases (Cont’d) S/N 24 Description of Occupational Disease or Injury Nature of Occupation (c) Cadmium Cadmium or any of its compounds, or any mixture or solution containing cadmium or any of its compounds; (d) Carbamates Carbamate, or any mixture or solution containing any carbamate; (e) Carbon disulphide Carbon disulphide or any of its compounds, or any mixture or solution containing carbon disulphide or any of its compounds; (f ) Carbon dioxide gas Excessive levels of carbon dioxide; (g) Carbon monoxide gas Excessive levels of carbon monoxide; (h) Cyanide Cyanide, or any mixture or solution containing any cyanide; (i) Halogen derivatives of hydrocarbon compounds Any halogen derivative of hydrocarbon compounds or any mixture or solution containing any halogen derivative of hydrocarbon compounds; (j) Hydrogen sulphide Hydrogen sulphide; (k) Lead Lead, or any of its compounds, or any mixture or solution containing lead or any of its compounds; (l) Manganese Manganese or any of its compounds, or any mixture or solution containing manganese or any of its compounds; (m)Mercury Mercury or any of its compounds, or any mixture or solution containing mercury or any of its compounds; (n) Oxides of nitrogen Excessive levels of oxides of nitrogen; (o) Organophosphates Organophosphates; Annexes Annex A: List of Compensable Occupational Diseases (Cont’d) S/N Description of Occupational Disease or Injury Nature of Occupation (p) Phosphorus Phosphorus or any of its compounds, or any mixture or solution containing phosphorus. 19 Silicosis Any occupation involving exposure to silica dust. 20 Toxic hepatitis Any process involving exposure to tetrachloroethane, nitro-derivatives or amino-derivatives of benzene or vinyl chloride monomer. 21 Tuberculosis Any occupation involving — (a) close and frequent contact with a source of tuberculosis infection, e.g. in the medical treatment or nursing of a person or persons suffering from tuberculosis, or in a service ancillary to such treatment or nursing; or (b) exposure to any material which is a source of tuberculosis infection, e.g. in a laboratory. 22 Ulceration of the corneal surface of the eye Any occupation involving exposure to tar, pitch, bitumen, mineral oil (including paraffin), soot or any compound, product, or residue of any of these substances. 25 Annex B: Table of Age Multiplying Factor 26 Age of employee at next birthday after the accident Permanent Incapacity Death Age of employee at next birthday after the accident Permanent Incapacity Death 14 181 136 28 167 125 15 180 135 29 165 124 16 179 135 30 164 123 17 178 134 31 162 122 18 178 134 32 160 121 19 177 133 33 159 120 20 176 132 34 157 118 21 175 132 35 155 117 22 174 131 36 153 115 23 173 130 37 151 114 24 172 129 38 149 112 25 170 128 39 146 110 26 169 127 40 144 108 27 168 127 41 142 107 Annexes Annex B: Table of Age Multiplying Factor (Cont’d) Age of employee at next birthday after the accident Permanent Incapacity Death Age of employee at next birthday after the accident Permanent Incapacity Death 42 140 106 55 114 86 43 138 105 56 111 84 44 136 104 57 108 82 45 134 103 58 105 80 46 132 102 59 102 78 47 130 101 60 99 75 48 128 100 61 96 72 49 126 98 62 92 68 50 124 96 63 87 63 51 122 94 64 82 58 52 120 92 65 77 53 53 118 90 66+ 72 48 54 116 88 27 Annex C: Illustration on calculation of compensation amount For accidents that happened after 1 Jun 2012, the limits for 100% Permanent Incapacity (PI) are $73,000 and $218,000. These limits are scaled accordingly for the exact percentage of PI suffered by the injured worker. The compensation is also subject to minimum and maximum limits. For example, for an injured worker who will be 39 years old at his next birthday and percentage of permanent incapacity is 2%, the injured worker is eligible for compensation ranging from $1,460 to $4,360. The table below shows how the compensation will vary according to his Average Monthly Earnings (AME). Example Multiplying Factor (for worker who will be 39 years old) %PI AME Calculated Compensation Actual Compensation $1,460 1 2 146 2% $450 $1,314 $1,000 $2,920 (as calculated compensation is lower than minimum compensation) $2,920 $4,360 3 $2,000 $5,840 (as calculated compensation is more than maximum compensation) An online tool (WIC Self-Assessment Tool) for calculating the various compensation benefits is available at http://www.mom.gov.sg 28 Annexes Annex D: Should this incident be reported? Example Compulsory to notify and / or submit incident report? Who to notify and / or submit incident report? A kitchen worker cuts his/ her finger while chopping meat. The worker is given a total of two days of medical leave. No - A construction worker slips and falls, resulting in a fractured leg. He is initially given 2 days of medical leave, but is subsequently given 2 weeks of medical leave. Yes Employer to submit incident report A mobile crane topples at a worksite but there are no injuries. Yes, it’s a dangerous occurrence Occupier to notify Commissioner & to submit incident report A member of public slips and falls on an escalator in an office building, due to the escalator’s malfunctioning, and was sent to hospital for treatment. Yes Occupier of office building to notify Commissioner A self-employed person injures him/ herself at work in a construction worksite and was sent to hospital for treatment. Yes Occupier of construction worksite to notify Commissioner A member of the public or self-employed person fainted at a shopping centre, not as a result of any works within the premises, and taken to hospital for precaution. No - A member of the public tripped over a trailing cable in a shopping centre and was sent to a hospital for treatment. Yes Occupier of shopping centre to notify Commissioner 29 Annex D: Should this incident be reported? (Cont’d) Example Compulsory to notify and / or submit incident report? Who to notify and / or submit incident report? a) while travelling during work and for work purposes ( e.g. travel from workplace to venue for meeting), regardless of the mode of transport. Yes* Employer to notify and submit incident report if accident resulted in employee’s death. Otherwise employer just needs to submit incident report b) while taking company transport to and fro between home and workplace. The vehicle is not a public transport. Yes* Employer to notify and submit incident report if accident resulted in employee’s death. Otherwise employer just needs to submit incident report c) while running personal errands during or after work in his own transport (including bicycle) / his friend’s transport / public transport. No - d) while driving own / company transport for work and met with an accident in which employee was not injured but a member of public was injured and hospitalised. No - A student was playing baseball during CCA. Teacher was demonstrating the swinging of the bat. The student was hit by the bat and was sent to hospital for treatment. Yes School to notify Commissioner in its capacity as the Occupier An employee met with a traffic accident: 30 Annex D: Should this incident be reported? (Cont’d) Example Compulsory to notify and / or submit incident report? Who to notify and / or submit incident report? A student had a fall within the school compounds but not as a result of any works within the premises. No - a) Student was sent to hospital Yes School to notify Commissioner in its capacity as the Occupier b) Teacher was given 4 days outpatient medical leave Yes* School to submit incident report in its capacity as the Employer An employee, who is employed by a Singapore employer and resides in Singapore suffered a work injury during an overseas assignment. Yes* Employer to notify and submit incident report if accident resulted in employee’s death. Otherwise employer just needs to submit incident report A seaman suffered a work injury while on board a Singaporeregistered vessel, regardless of the location of the vessel. Yes* Employer to notify and submit incident report if accident resulted in death. Otherwise employer just needs to submit incident report A teacher was conducting a lab experiment and a test-tube shattered and cut the teacher and student and *This is on condition that the other reporting criteria are met. i.e. Employee injured in accident • Died , or • Was hospitalised for at least 24 hours, or • Was given MC for more than 3 calendar days ( consecutive or otherwise) 31 Annex E 32 Annex F 33 For more information, check out our website http://www.mom.gov.sg Updated in Aug 2014 Information provided in this guidebook is accurate as at the time of printing. The notes provide employers with information on Work Injury Compensation and their responsibilities under the Work Injury Compensation Act. As a guide, this booklet has no legal standing. In all cases of doubt, reference should be made to the Work Injury Compensation Act itself. ©2014 Government of Singapore (Ministry of Manpower). All rights reserved.