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Work Injury Compensation Act (WICA) (Claim process (overview (5) ensure…
Work Injury Compensation Act (WICA)
Compensation limit
Medical expenses
$36K or 1 year from the date of accident, whichever comes first
medical leave wages
outpatient MC
15th day up until 1 year from accident
2/3 of avg monthly earnings
up to 14 days
full avg monthly earnings
hospitalization
61st day up until 1 year from accident
2/3 of avg monthly earnings
up to 60 days
full avg monthly earnings
note
AME includes
bonus
AWS
overtime
fixed allowances
AME excludes
reimbursements
CPF contributions
travelling allowance
avg monthly earning (AME) is calculated based on the last 12 months before accident
no CPF contributions from both employer and employee
employer must pay by the worker's next pay day
Lump sum compensation
Permanent Incapacity (PI)
min: $88K x %permanent incapacity
max: $262K x %permanent incapacity
Death
min: $69K
max: $204K
employer's insurance
obligation to purchase Work Injury Compensation (WIC)
for all manual employees
non manual employees earning < $1.6K
both local and foreign employees
other group (non manual with salary >$1.6K
note
check which employees are covered
review policy
occupation list
employees listed
don't under declare no of employee
check for exclusion and recovery clauses
work related exclusion clauses are no longer allowed
insurer is liable to pay even is the policy contains exclusion
employee can recover compensation from employer
make sure insurance covers employees
policy covers claims under WICA
medical expenses
permanent incapacity / death
medical leave wages
payout should not be less than compensation limits under WICA
Incident Reporting
Scenario
2) injured or contracted a disease due to exposure to biological/chemical agents and
hospitalized for at least 24 hours or
given medical leave of more than 3 day (whether consecutive or not)
3) contracted an Occupational Disease
1) death
reporting method
2) a) incident report online submitted within 10 calendar days from the day of accident or 4th day of medical leave
2) b) if employee subsequently died, notify MOM
1) incident report online submitted within 10 calendar days
3) incident report online submitted within 10 calendar days of receiving written diagnosis of the disease
note
reporting injury/disease would not constitute an admission of the claim
MOM will investigate and make conclusion
employer still have to report even though it may be past the timeline. failure to report may be liable to a fine
Compensation claim
Medical leave wages
outpatient and/or hospitalization leave
payable for working days (not rest day or public holiday)
lump sum compensation
permanent incapacity compensation
% permanent incapacity x average monthly earnings x multiplying factor
% permanent incapacity x max or min limits
fatal/death compensation
average monthly earnings x multiplying factor
max or min limits
doctor will asses the degree of permanent incapacity
max and min compensation limits apply
Medical Expenses
hospital
medication
other charges
medical consultation
therapy
compensation entitlement
deceased employee's dependents
if unclaimed, to be donated to Worker's Fund
employee
Intro
lets employees make claims for work-related injuries/diseases without having to file a civil suit under common law
low cost and quicker alternative to common law for settling compensation claims
recourse options (choose one)
sue for damages under the Common Law
claim for compensation under WICA
differences
WICA
compensation amount is limited based on a formula
no need to prove employer was at fault. just that the injury/disease was due to work
no lawyer is needed
MOM will assist
resolve disputes
has interpreters
Common Law
prove either empoyer or a 3rd party was at fault
no limit on the compensation
have to prove damages before the Court
you need to pay lawyer's legal fee
coverage
covered
employee (regardless of salary)
contract of service
apprenticeship
scenarios
traffic accident while taking company transport (not a public transport) between home and workplace
work related fight
injured while exercising private defence
instructed to break up the fight
was a victim and didn't participate in the fight
safeguard life/property
maintain law and order
work related injury during an overseas assignment
seaman suffered a work related injury while on board a singapore-registered vessel, regardless of the location of the vessel.
commuting accident during work and for work purpose.
regardless of the mode of transport
didn't make any personal detour
not covered
people
domestic worker
independent contractor
member for Singapore Armed Forces
uniformed officer
Narcotics Bureau
Prison Service
Civil Defence
Police
self employed
scenarios
traffic accident while travelling
friend's car
public transport
own car
injury under influence of alcohol
alcohol
prescription drug which not prescribed by a doctor
self aggravation of an existing injury
deliberate self injury
work related fight
commuting accident during work and for work purpose.
regardless of the mode of transport
make personal detour
Claim process
assessment of claim
MOM will send medical report form to employer
to apply
need to pay to hospital/clinic
employee undergoes medical assessment: %PI sustained
application form to claim will be sent to employee
after receipt of medical report, MOM will inform through Notice of Assessment
Notice of assessment (NOA)
official doc issued by MOM
indicates compensation amount
states outcome of compensation claim
overview
5) ensure employee claim compensation under WICA
6) send medical report form and pay the fee
4) pay medical leave wages and medical expenses
7) ensure employee attends all medical appointments
3) notify MOM
8) enable post-injury adjustment with a suitable return to work duties
2) provide treatment
9) wait for compensation to be finalized
1) employee injured while at work
10) receive notice of assessment
11) pay within 21 days of the notice if no objection
Resolve objection, if any
submit objection form within 14 days from the date on the NOA
type
%PI
employee will undergo re-assessment with a panel appointed by the Work Injury Compensation Medical Board
objecting party pay the fees
Medical Board Fee ($357)
other fees
Medical Board's decision is final
injury not work related
objecting party provides witness and supporting docs
Average Monthly Earnings (AME) indicated on NOA
objecting party provides salary voucher and time cards
timeline for objection and withdrawal
if compensation payment has been made
the case is considered closed
won't be able to claim under common law
worker has filed WICA but want to file civil suit
before NOA
anytime
after NOA without objection
within 14 days of NOA date
after NOA with objection
within 28 days of NOA date
pre-hearing conferences, commissioner can do
give direction for the determination of any issue for hearing
for non compliance and non attendance
make decision concerning the claim
make order for compensation or cost
require parties to furnish info and docs
record settlement
direct parties to attend
key offences
employer/insurer fail to pay
imprisonment up to 12 months or
both
fine up to $10K or
fail to purchase adequate insurance
fine up to $10K or
imprisonment up to 12 months or
both
employer fail to report on time
1st offence: fine up to $5K
2nd or subsequent: fine up to $10K and/or imprisonment up to 6 months
false information / statement
both
imprisonment up to 12 months or
fine up to $10K or
obstructing / delaying investigation
both
imprisonment up to 12 months or
fine up to $10K or