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Contents  

Long Title

Part I PRELIMINARY

Part II COMPENSATION FOR INJURY

Division 1 — Entitlement and liability for compensation

Division 2 — Computation of compensation

Division 3 — Making claims

Division 4 — Liability and indemnity

Division 5 — Insurance and other general provisions

Part III ASSESSMENT AND PAYMENT OF COMPENSATION

Part IV POWERS, OFFENCES, PENALTIES AND PROCEEDINGS

Part V GENERAL

FIRST SCHEDULE Injuries Deemed to Result in Permanent Incapacity

SECOND SCHEDULE Occupational Diseases

THIRD SCHEDULE Amount of Compensation

FOURTH SCHEDULE Classes of Persons Not Covered

Legislative History

 
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On 04/05/2016, you requested the version in force on 02/01/2011 incorporating all amendments published on or before 31/07/2009.
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Work Injury Compensation Act
(CHAPTER 354)

(Original Enactment: Act 25 of 1975)

REVISED EDITION 2009
(31st July 2009)
An Act relating to the payment of compensation to employees for injury suffered in the course of their employment.
[5/2008]
[1st October 1975]
PART I
PRELIMINARY
Short title
1.  This Act may be cited as the Work Injury Compensation Act.
[5/2008]
Interpretation
2.
—(1)  In this Act, unless the context otherwise requires —
“approved hospital” means a hospital prescribed to be such under section 14(1);
“Assistant Commissioner” means any person appointed as an Assistant Commissioner (Work Injury Compensation) under section 2A;
“Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act (Cap. 91);
“dependant”, in respect of a deceased employee, means the wife, husband, parent, grandparent, step-father, step-mother, child, grandchild, step-child, brother, sister, half-brother, half-sister, step-brother and step-sister irrespective of whether that person is actually dependent on the employee’s earnings or not and for the purpose of this definition —
(a)
the child of a deceased employee shall be deemed to include the illegitimate child of that employee and any child whose adoption by him has been registered under the Adoption of Children Act (Cap. 4); and
(b)
the parent of a deceased employee shall be deemed to include the father and the mother of an illegitimate child and the person who has registered the adoption of any child under the Adoption of Children Act;
“earnings” means any wages paid to the employee by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food or quarters supplied to the employee by the employer if as a result of the accident the employee is deprived of such food or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —
(a)
a travelling allowance;
(b)
the value of any travelling concession;
(c)
a contribution paid by the employer towards any pension or provident fund;
(d)
a sum paid to the employee to cover any special expenses incurred by him by reason of the nature of his employment;
“employee” means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether —
(a)
by way of manual labour or otherwise;
(b)
the contract is express or implied or is oral or in writing; and
(c)
the remuneration is calculated by time or by work done,
but does not include any class of persons specified in the Fourth Schedule;
“employer” includes —
(a)
the Government;
(b)
any statutory body or authority;
(c)
the legal personal representative of a deceased employer; and
(d)
in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of that club,
and where the services of an employee are temporarily lent or let on hire to another person by the person with whom the employee has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the employee whilst he is working for that other person;
“injury” includes any condition specified in the Second Schedule;
“investigation officer” means any person appointed as an investigation officer under section 2A;
“medical practitioner” means a medical practitioner registered or exempted from registration under the Medical Registration Act (Cap. 174);
“partial incapacity” means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of an employee in any employment in which he was engaged at the time of the accident resulting in his incapacity and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was able to undertake at the time of the accident:
Provided that every injury specified in the First Schedule, except such injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100%, shall be deemed to result in permanent partial incapacity;
“seaman” means any person employed as part of the crew of any Singapore ship within the meaning of the Merchant Shipping Act (Cap. 179) and includes the master of any such ship;
“total incapacity” means such incapacity whether of a temporary or permanent nature as incapacitates an employee for all work which he was capable of undertaking at the time of the accident resulting in such incapacity:
Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Schedule where the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds 100%;
“workplace” means any premises where a person is at work or is to work, for the time being works, or customarily works.
[34/80; 5/2008]
(2)  If in any proceedings for the recovery of compensation under this Act it appears to the Commissioner or the court that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Commissioner or the court may, if having regard to all the circumstances of the case he or it thinks proper to do so, deal with the matter as if the injured person had at such time been a person working under a valid contract of service or apprenticeship.
(3)  Any reference to an employee who has been injured shall, unless the context otherwise requires, where the employee is dead, include a reference to his legal personal representative or to his dependants or any of them.
[5/2008]
(4)  This Act shall apply to an accident happening to an employee outside Singapore where the employee is ordinarily resident in Singapore and is employed by an employer in Singapore but is required in the course of his employment to work outside Singapore.
[5/2008]
(4A)  This Act shall apply to an accident happening, on or after 1st April 2008, to any seaman onboard any Singapore ship within the meaning of the Merchant Shipping Act (Cap. 179), whether the ship was within or outside Singapore at the time of the accident.
[5/2008]
(5)  The exercise and performance of the powers and duties of a department of the Government or a statutory body or authority shall, for the purposes of this Act, be deemed to be the trade or business of the Government or statutory body or authority, as the case may be.
Appointment of Assistant Commissioners, investigation officers and authorised persons
2A.
—(1)  The Commissioner may appoint such number of public officers as Assistant Commissioners (Work Injury Compensation) and investigation officers and such persons as authorised persons, as may be necessary to assist the Commissioner in the administration of this Act.
[5/2008]
(2)  The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon him by this Act (except the power of delegation conferred by this subsection) to any Assistant Commissioner, investigation officer or authorised person, subject to such conditions or limitations as the Commissioner may specify.
[5/2008]
Commissioner, Assistant Commissioner and investigation officer to be public servants
2B.  The Commissioner and every Assistant Commissioner and investigation officer shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).
[5/2008]
PART II
COMPENSATION FOR INJURY
Division 1 — Entitlement and liability for compensation
Employer’s liability for compensation
3.
—(1)  If in any employment personal injury by accident arising out of and in the course of the employment is caused to an employee, his employer shall be liable to pay compensation in accordance with the provisions of this Act.
[5/2008]
(2)  An accident happening to an employee while he is, with the express or implied permission of his employer, travelling as a passenger by any means of transport to or from his place of work shall be deemed to arise out of and in the course of his employment if at the time of the accident the means of transport is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being operated in the ordinary course of a public transport service.
[5/2008]
(3)  An accident happening to an employee in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue or protect persons who are, or are thought to be or possibly to be injured or imperilled, or to avert or minimise damage or loss to property.
[5/2008]
(4)  An accident happening to an employee shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident acting in contravention of any written law or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if —
(a)
the accident would have been deemed so to have arisen had such act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and
(b)
such act was done for the purposes of and in connection with the employer’s trade or business.
[5/2008]
(5)  An employer shall not be liable to pay compensation in respect of —
(a)
any injury to an employee resulting from an accident if it is proved that the injury to the employee is directly attributable to the employee having been at the time thereof under the influence of alcohol or a drug not prescribed by a medical practitioner; or
(b)
any incapacity or death resulting from a deliberate self-injury or the deliberate aggravation of an accidental injury.
[5/2008]
(5A)  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 drug specified for the purposes of section 29 of the Medicines Act (Cap. 176) that is not prescribed by a medical practitioner for the employee’s consumption or use.
[5/2008]
(6)  For the purposes of this Act, an accident arising in the course of an employee’s employment shall be deemed, in the absence of evidence to the contrary, to have arisen out of that employment.
[5/2008]
Compensation for occupational diseases
4.
—(1)  If —
(a)
an employee who is employed in any occupation specified in the second column of the Second Schedule contracts an occupational disease specified in the first column of that Schedule opposite that occupation; or
(b)
an employee who has been employed in that occupation contracts that disease within the period specified in the third column of that Schedule opposite that occupation after ceasing to be so employed,
and the incapacity or death of the employee results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to this section.
[5/2008]
(2)  When an employee enters into a contract of service or apprenticeship with any employer to work in any occupation specified in the Second Schedule or is, with his consent, transferred by his employer to such an occupation, the employee shall, if requested to do so by the employer, submit himself for examination by a medical practitioner, the fee for which shall be paid by the employer; but he shall not be required to submit himself for such examination otherwise than in accordance with regulations made under this Act.
[5/2008]
(3)  No compensation shall be payable by an employer under this section in respect of the incapacity or death of an employee resulting from the employee contracting an occupational disease if the employee’s incapacity commences or his death happens more than the period specified in the third column of the Second Schedule opposite the disease after the employee ceases to be in his employment.
[5/2008]
(3A)  Subsection (3) shall not apply to the death of an employee where his death has been preceded, whether immediately or not, by any period of incapacity in respect of which compensation is payable under this section.
[5/2008]
(4)  For the purposes of calculating the monthly earnings of the employee in a claim for compensation under this section, the date of commencement of the incapacity of the employee or the date of his death, if there has been no previous period of incapacity, shall be treated as the date of the happening of the accident, if he is then employed by the employer from whom compensation is claimed in any employment to the nature of which the occupational disease is due, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.
[5/2008]
(5)  For all other purposes of this Act, in a claim for compensation under this section, the date of commencement of the incapacity of the employee, or the date on which a medical practitioner certifies that in his opinion the employee is suffering from such occupational disease, whichever date is the earlier, or the date of his death if there has been no previous period of incapacity shall be deemed to be the date of the happening of the accident.
[5/2008]
(6)  If the occupational disease has been contracted by a gradual process, so that 2 or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been payable if those employers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the Commissioner thinks just.
[5/2008]
(7)  The Minister may appoint such medical practitioners to be medical referees for the purpose of determining whether the disease in respect of which compensation is claimed is in fact an occupational disease specified in the Second Schedule and any other matter which is material for the determination of any claim for compensation under this Act.
[5/2008]
(8)  The report of a medical referee appointed under subsection (7) may be acted upon by the Commissioner as if it were conclusive evidence of the facts certified in such report.
Compensation limited to injuries received at work
5.  Except as provided in sections 3 and 4, no compensation shall be payable to an employee in respect of any disease unless the disease is directly attributable to a specific injury by accident arising out of and in the course of the relevant employment.
[5/2008]
Persons entitled to compensation
6.
—(1)  Compensation under this Act shall be payable to or for the benefit of the employee or, where death results from the injury, to the deceased employee’s estate or to or for the benefit of his dependants as provided by this Act.
[5/2008]
(2)  Where a dependant dies before a claim under this Act is determined by the Commissioner, the legal personal representative of the dependant shall have no right to payment of compensation, and the amount of compensation shall be calculated and apportioned as if that dependant had died before the employee.
[5/2008]
(3)  Where a deceased employee has no dependant, the compensation shall be paid into a fund to be known as the Workers’ Fund which shall be established, maintained and applied in accordance with regulations made under this Act and the person managing the Fund shall be entitled to claim the compensation.
[5/2008]
Division 2 — Computation of compensation
Amount of compensation
7.  The amount of compensation under this Act in respect of any personal injury of an employee caused by accident arising out of and in the course of his employment shall be computed in accordance with the Third Schedule.
[5/2008]
Method of calculating earnings
8.
—(1)  For the purposes of this Act, the earnings of an employee shall be computed in such manner as is best calculated to give his true monthly earnings at the date of the accident, subject to the following provisions:
(a)
where the employee has been employed by the employer for whom he was working at the time of the accident for a continuous period which is more than a month immediately preceding the accident, his monthly earnings shall be the average amount of his earnings during the continuous period of not more than 12 months immediately preceding the accident;
(b)
where the employee has been employed by the employer for whom he was working at the time of the accident for a continuous period which is a month immediately preceding the accident or shorter, his monthly earnings shall be the actual earnings he would have received for the whole month immediately preceding the accident; and
(c)
where reliable evidence of the earnings of the relevant employee under paragraph (a) or (b) does not exist or cannot be adduced without undue delay or expense, regard may be had to evidence of the earnings of employees employed on similar work in the same locality at or about the date of the accident.
[5/2008]
(2)  Where an employee is employed under contracts of service with 2 or more employers under which he worked at one time for one such employer and at another time for another such employer, his monthly earnings shall be computed as if his earnings under all such contracts were earnings in the employment of the employer for whom he was working at the time of the accident, except contracts of service that the last-mentioned employer does not know.
[5/2008]
Distribution of compensation
9.
—(1)  Subject to subsection (1A), no payment of compensation in respect of an employee whose injury has resulted in death or permanent incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the employee or his dependant shall be deemed not to be payment of compensation for the purposes of this Act.
[5/2008]
(1A)  The Commissioner may —
(a)
in respect of injury which has resulted in the death or permanent incapacity of the employee, authorise payment of compensation to be made directly to —
(i)
an employee who is not less than 18 years of age;
(ii)
one or more of the dependants of the deceased employee and in such proportion as the Commissioner thinks fit, except that where a will has been produced, such payment may instead be made directly to the estate of the deceased employee; or
(iii)
where the employee has become mentally incapacitated, any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment;
(b)
take into account any amount paid otherwise than in accordance with subsection (1) in assessing the compensation payable under this Act if he considers it fair and reasonable to do so.
[5/2008]
(2)  The receipt of the Commissioner shall be a sufficient discharge for any compensation deposited with him.
(3)  On the deposit of any money under subsection (1) as compensation in respect of an accident resulting in the death of an employee, the Commissioner may deduct therefrom the actual amount of the expenses of the funeral of the employee or $250, whichever is the less, and may pay the same to the person by whom such expenses were incurred.
[5/2008]
(4)  Compensation deposited in respect of an accident resulting in the death of an employee may be apportioned among one or more of the dependants of the deceased employee and in such proportion as the Commissioner thinks fit, except that where a will has been produced, such compensation may instead be paid to the estate of the deceased employee.
[5/2008]
(4A)  Compensation deposited in respect of an accident resulting in the permanent incapacity of an employee who, before the payment of such compensation is made, becomes mentally incapacitated may be payable to —
(a)
any one or more of the dependants of the employee; or
(b)
any deputy appointed or deemed to be appointed for the employee by the High Court under the Mental Capacity Act 2008 with power to receive such payment.
[5/2008]
(5)  Where any lump sum deposited with the Commissioner is payable to a person who is under any legal disability or in any other case where the Commissioner considers it desirable to do so, the Commissioner may, in his discretion, order such sum to be invested, applied or otherwise dealt with for the benefit of that person in such manner and for such period as the Commissioner may determine.
(5A)  Where any periodical payment of compensation for temporary incapacity is payable to any employee under a legal disability, the Commissioner may, of his own motion or on application made to him in that behalf, order that the payment be made during the disability to any dependant of the employee or to any other person whom the Commissioner thinks best fitted to provide for the welfare of the employee.
[16/90; 5/2008]
(6)  If the Commissioner is satisfied after such inquiry as he may consider necessary that no dependant of a deceased employee exists or can be traced and the circumstances are such that there is no reasonable likelihood that any dependant can be traced, the Commissioner shall pay the balance of the money deposited with him under subsection (1) to the Workers’ Fund.
[5/2008]
(7)  Where after inquiry made of his own motion or on application made to him the Commissioner is satisfied that by reason of any change in the circumstances of any dependant, or for any other sufficient cause, an order of the Commissioner made under this section ought to be varied, the Commissioner may make such order for the variation of that order as he thinks just in the circumstances of the case.
(8)  No order prejudicial to any person shall be made under subsection (7) unless that person has been given an opportunity of showing cause why the order should not be made, and no such order shall require the repayment by a dependant of any sum already paid to him except where such payment has been obtained by fraud or other improper means.
Compensation not to be assigned, attached or charged
10.  Subject to the provisions of this Act, no payment of compensation payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the employee by operation of law nor shall any claim be set off against the same.
[16/90; 5/2008]
Division 3 — Making claims
Notice and claim
11.
—(1)  Except as provided in this section, proceedings for the recovery of compensation for an injury under this Act shall not be maintainable unless —
(a)
notice of the accident has been given to the employer by or on behalf of the employee as soon as practicable after the happening thereof;
(b)
a claim for compensation with respect to that accident has been made within one year from the happening of the accident causing the injury, or, in the case of death, within one year from the date of the death; and
(c)
the claim has been made in such form and manner as the Commissioner may determine.
[34/80; 5/2008]
(2)  No notice to the employer shall be necessary where a fatal accident has occurred.
(3)  The want of or any defect or inaccuracy in a notice shall not be a bar to the maintenance of proceedings if —
(a)
the employer is proved to have had knowledge of the accident from any other source at or about the time of the accident; or
(b)
it is found in the proceedings for settling the claim that the employer is not, or would not be, if a notice or an amended notice were then given and the hearing postponed, prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from Singapore or other reasonable cause.
(4)  The failure to make a claim within the period specified in subsection (1) shall not be a bar to the maintenance of proceedings if it is found that the failure was occasioned by mistake, absence from Singapore or other reasonable cause.
(5)  Notice to the employer (or, if there is more than one employer, to one of such employers) in respect of an injury may be given either in writing or orally or to the foreman or other person under whose supervision the employee was employed, or to any person designated for the purpose by the employer, and shall state in ordinary language the cause of the injury and the date on which and the place at which the accident happened.
[5/2008]
(6)  The notice if in writing may be given by delivering the notice at, or sending it by registered post addressed to, the residence or place of business of the person to whom it is to be given.
Notice to Commissioner and insurer by employer
12.
—(1)  Every employer shall give notice to —
(a)
the Commissioner in such form and manner as the Commissioner may determine; and
(b)
his insurer in writing,
of the occurrence of every prescribed event that may give rise to a claim for compensation under this Act within the time prescribed for that event.
[5/2008]
(2)  [Deleted by Act 5 of 2008]
(3)  For the purposes of this section, “employer” shall include the person, if any, referred to in section 17 as the principal.
Change of address
12A.
—(1)  Where any claim for compensation has been made under this Act by an employee or by a person acting on behalf of an employee who is dead or mentally incapacitated, and the Commissioner has reason to believe that there is a change during the currency of the claim in the address used by the employee or the person for the purposes of the claim, the Commissioner may serve a notice on the employee or the person, as the case may be, requesting for particulars of any change in address.
[5/2008]
(2)  Subject to subsection (3), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, on whom the Commissioner has served a notice under subsection (1) shall, within a period of 14 days after the service of the notice, inform the employee’s employer and the Commissioner, in writing or in person, of any change in address.
[5/2008]
(3)  Subsection (2) shall not apply if the compensation has been fully paid in accordance with this Act.
[5/2008]
(4)  Notwithstanding section 13(4), if an employee or the person acting on behalf of an employee who is dead or mentally incapacitated fails, without reasonable cause, to notify the Commissioner of any change in the address as is required by subsection (2), the employee’s right to compensation shall be suspended from the 15th day after the Commissioner has served a notice under subsection (1) on the employee or the person, as the case may be.
[5/2008]
(5)  Any suspension under subsection (4) shall cease upon the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, providing the particulars of any change in the address used by the employee or the person for the purposes of the claim.
[5/2008]
(6)  If at the end of 3 months after the Commissioner has served a notice referred to in subsection (1), the employee or the person acting on behalf of an employee who is dead or mentally incapacitated, as the case may be, still fails to provide the particulars of any change in the address to the Commissioner as requested by that notice, then notwithstanding section 13(4), no compensation under this Act shall be payable in respect of the claim to which the notice relates unless the Commissioner is satisfied that there was reasonable cause for the failure.
[5/2008]
Medical examination and treatment
13.
—(1)  When notice of an accident has been given to an employer by an employee or on the employee’s behalf, the employer shall, before the expiry of the 5th day after the giving of the notice, offer to have the employee examined free of charge by a medical practitioner, and the employee shall submit himself for such medical examination.
[5/2008]
(1A)  Any employee who is in receipt of any periodical payment of compensation for temporary incapacity under this Act shall, if required by the employer, submit himself for such examination from time to time.
[16/90; 5/2008]
(1B)  An employee shall not be required to submit himself for examination otherwise than in accordance with regulations made under this Act.
[16/90; 5/2008]
(2)  [Deleted by Act 5 of 2008]
(3)   If an employee, on being required to do so by the employer under subsection (1) or (1A) or by the Commissioner, at any time fails to submit himself for examination by a medical practitioner, his right to compensation shall be suspended until the examination has taken place; and if the failure extends over a period of 3 months from the date when the employee was required to submit himself for examination by the Commissioner, no compensation shall be payable in respect of any injury to the employee resulting from the accident unless the injury results in the death of the employee or unless the Commissioner is satisfied that there was reasonable cause for the failure.
[34/80; 5/2008]
(4)  If an employee having been so required, and before the expiry of the period within which he is liable under subsection (1) to submit himself for medical examination, voluntarily leaves, without having been so examined, the place at which he was residing at the time of the accident, his right to compensation shall be suspended until he notifies his employer of his new address and offers himself for such examination.
[5/2008]
(5)  Where an employee whose right to compensation has been suspended under subsection (3) or (4) dies without having submitted himself for medical examination as required by those subsections, the Commissioner may, if he thinks fit, direct the payment of compensation to the dependants or the estate of the deceased employee.
[5/2008]
(6)  Where under subsection (3) or (4) a right to compensation is suspended, no compensation shall be payable in respect of the period of suspension.
(7)  Where an injured employee has refused to be treated by a medical practitioner or has failed to carry out or deliberately disregarded the instructions for his treatment, then —
(a)
where the employee is in receipt of any periodical payment of compensation for temporary incapacity under the provisions of this Act, the Commissioner may order the suspension of those payments until the employee accepts such treatment or has carried out such instructions, and may further, where the Commissioner is satisfied that the duration of the employee’s incapacity has been prolonged by such refusal, failure or disregard, order those payments to be restricted to such period, calculated from the date of injury, as the disability of the employee might reasonably have been expected to have lasted for, had he accepted treatment and followed instructions; or
(b)
where the employee has suffered permanent incapacity and the Commissioner is satisfied that the incapacity has been aggravated by such refusal, failure or disregard, the Commissioner may order that compensation be paid to the employee appropriate to such incapacity as he might reasonably have been expected to have suffered if he had been regularly treated by a medical practitioner.
[16/90; 5/2008]
Compensation for medical treatment
14.
—(1)  The Minister shall from time to time prescribe which hospitals are approved hospitals for the purpose of this Act.
[5/2008]
(2)  Where personal injury by accident arising out of and in the course of employment is caused to —
(a)
an employee and the injured employee receives medical treatment by a medical practitioner or at an approved hospital for his injury, being medical treatment that is certified by any attending medical practitioner to be necessary; or
(b)
an employee referred to in section 2(4) or (4A) and the injured employee receives medical treatment —
(i)
outside Singapore for the accident which occurs outside Singapore; and
(ii)
which, in the view of the Commissioner, requires immediate medical treatment due to the nature of injury suffered by the employee,
the employer of the employee shall be liable to pay compensation in accordance with paragraph 5 of the Third Schedule for the medical treatment received by the employee.
[5/2008]
(3)  Any compensation under subsection (2) for medical treatment received by an employee at an approved hospital for personal injury by any accident arising out of and in the course of the employment shall be paid directly to the proprietor of the approved hospital, after deducting any amount previously paid by the employee in relation to the medical treatment; and the proprietor of an approved hospital shall be entitled to recover such compensation (less those deductions) directly from the employer.
[5/2008]
(4)  Where an employee has paid for the cost of any medical treatment which an employer is liable to pay under subsection (2), the employee shall be entitled to recover such cost from the employer.
[5/2008]
(5)  If the injured employee refuses treatment at an approved hospital and the treatment is certified by a medical practitioner to be necessary, any order of compensation made to him may, at the instance of the employer, be suspended or reviewed by the Commissioner.
[5/2008]
Payment of compensation for temporary incapacity
14A.
—(1)  Where any injury by accident arising out of and in the course of employment results in the temporary incapacity of an employee, the compensation the employer shall pay to the employee shall be a periodical payment of the amount prescribed in paragraph 4 of the Third Schedule.
[5/2008]
(2)  Such compensation in respect of injury resulting in temporary incapacity of an employee shall be in accordance with paragraph 4 of the Third Schedule, and shall be payable not later than the same day as earnings would have been payable to the employee under the contract of service or apprenticeship under which he was employed at the time of the accident (except that the interval between periodical payments shall in no case exceed one month) even though —
(a)
no claim for compensation in respect of that injury is made under this Act; or
(b)
a claim for compensation in respect of that injury has not been assessed or determined by the Commissioner.
[5/2008]
(3)  Notwithstanding any other provision of this Act, the Commissioner may order the employee to refund to the employer any payment made by the employer under subsection (1) if —
(a)
the employee fails to make any claim for compensation within the time limited by and in accordance with section 11;
(b)
the employee withdraws his claim for compensation;
(c)
the Commissioner has determined that no compensation be paid to the employee; or
(d)
it has come to the attention of the Commissioner that the employee has made a false claim.
[5/2008]
Review by Commissioner
15.
—(1)  Any periodical payment for temporary incapacity payable under this Act may be reviewed by the Commissioner on the application of the employer or of the employee accompanied by a certificate of a medical practitioner that there has been a change in the condition of the employee.
[16/90; 5/2008]
(2)  Any periodical payment for temporary incapacity may, on review under this section, and subject to the provisions of this Act, be continued, increased, decreased or ended.
[16/90; 5/2008]
Commutation of periodical payments for temporary incapacity
16.  Any periodical payments for temporary incapacity may, where the payments have been continued for not less than 6 months, be commuted into a lump sum of such amount as may be agreed to by the parties and consented to by the Commissioner.
[16/90; 5/2008]
Division 4 — Liability and indemnity
Liability of principals
17.
—(1)  Where any person (referred to in this section as the principal) in the course of or for the purpose of his trade or business contracts with any other person (referred to in this section as the employer) for the execution by the employer of the whole or any part of any work, or for the supply of labour to carry out any work, undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work any compensation which he would have been liable to pay if that employee had been immediately employed by him.
[5/2008]
(1A)  For the purposes of this section, the Commissioner shall, in his discretion and notwithstanding any claim by the employee, determine that a claim for compensation be made, or a recovery of compensation be obtained, against the principal or the employer.
[5/2008]
(2)  Where a claim has been determined by the Commissioner to be made against the principal for compensation under subsection (1), this Act shall apply as if references to the principal were substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the wages of the employee under the employer by whom he is immediately employed.
[5/2008]
(3)  Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by the person who would have been liable to pay compensation to the employee independently of this section.
[5/2008]
(4)  Nothing in this section shall be construed as preventing the Commissioner from ordering the compensation under this Act to be recovered from the employer instead of the principal, and a claim so determined by the Commissioner to be made against a principal or an employer, as the case may be, shall not bar subsequent proceedings under this Act against the other to recover so much of the compensation as may remain unpaid.
[5/2008]
(5)  This section shall not apply in any case where the accident occurred elsewhere than at or about the place where the principal has undertaken to execute work or which is under his control or management.
Remedies both against employer and third party
18.
—(1)  Where any injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer (referred to in this section as the third party) to pay damages in respect thereof —
(a)
the employee may take proceedings against the third party to recover damages and may claim against any person liable to pay compensation under this Act, but he shall not be entitled to recover both damages and compensation; and
(b)
if the employee has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called upon to pay an indemnity under section 17(3), shall be entitled to be indemnified by the third party so liable to pay damages as aforesaid.
[5/2008]
(2)  Where any injury is caused to an employee by accident arising out of and in the course of his employment under circumstances which give a right to recover reduced damages in respect thereof from a third party by virtue of any wilful act or negligence of the employer or employee, any right conferred by subsection (1) on —
(a)
the person by whom any compensation under this Act was paid; and
(b)
any person who has been called upon to pay an indemnity under section 17(3),
to be indemnified by the third party shall be limited to a right to be indemnified in respect of such part only of the total compensation paid or payable in such proportion as the court may determine as is appropriate to the degree to which the injury was attributable to the act, default or negligence of the third party.