Step 1 : Reporting an Accident
- The injured employee is required to inform his employer of the accident as soon as practicable. The employer should send the employee for medical treatment as soon as possible. All medical fees and expenses should be paid by the employer.
- The employer is required to report the accident to the Commissioner of Workplace Safety and Health through the iReport system within the following reporting timeline, as well as notify his insurer(s), if any.
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What to report
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Reporting timeline
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Where the accident results in death of an employee
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Within 10 days of the occurrence
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Where the accident results in any incapacity that renders the employee unfit for work for more than 3 consecutive days, or is admitted in a hospital for at least 24 hours for observation or treatment
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Within 10 days of the occurrence
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Where an employee suffers an occupational disease at a workplace, and the employer receives a written diagnosis from the medical practitioner
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Within 10 days from the receipt of the written diagnosis
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Failure to report a work-related accident is an offence which carries a fine of up to $5,000 for a first-time offence, and a fine of up to $10,000 and/or a jail term of up to six months for subsequent offences.
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- Employee who wishes to claim compensation under the Work Injury Compensation Act (instead of seek damages under common law) has up to one year from the date of the accident to submit a claim to the Ministry of Manpower (MOM).
- Employee should notify the Ministry and his employer of any changes to his contact address while his claim is been processed.
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- Employees who are eligible to claim work injury compensation will be required to undergo a medical assessment to determine the extent of the injury suffered. This is for the purpose of determining the amount of compensation payable, if any.
- MOM will provide a Medical Report Form for Work Injury Compensation to the employer or employee.
- Upon receipt of the medical report form, the employer/employee should send it promptly to the treating clinic/hospital, together with the medical report fees as specified by the clinic/hospital. Employer shall pay for the medical report fees.
- Employee should pro-actively follow up with the clinic/hospital for appointment dates, undergo the medical treatment and medical assessment.
- Employee should not work if he is certified as medically unfit for work. If in doubt, advice should be sought from the treating doctor. An employee who is compelled to work even after been certified unfit to do so can approach MOM for assistance.
- Employee who does not go through the medical assessment when required by MOM will have his claim suspended. If the failure extends beyond 3 months, compensation may no longer be payable.
- To ensure continuity in medical treatment and proper recovery of injury, the employee should refrain from switching doctors unnecessarily without referral by the treating clinic/hospital.
- Employee should inform his employer and MOM immediately if he changes the clinic/hospital where he receives treatment.
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Step 4 : Assessing Compensation Payable
- Upon receipt of the completed medical report form from the clinic/hospital, MOM will assess the compensation amount payable and issue a Notice of Assessment (NA) to the employee, employer and insurer (if any). The NA will indicate the amount of compensation awarded, if any.
- Any party who wishes to object to the NA has up to 14 days from the date of service of the NA to inform MOM. All grounds of objection must be stated using Objection to Notice of Assessment Form (Form A). Any objection received beyond this period by MOM may be disregarded.
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- If no party has objected to the Notice of Assessment (NA) within 14 days after the service of the NA, the claim will be concluded on the 15th day. The employer (or his insurer) is required to pay the compensation amount within 21 days after the service of the NA*.
- If there is an objection(s), the employee has to decide by the 28th day (after the service of the NA) whether he wishes to:
(a) Withdraw his claim so that he is able to pursue damages against his employer under common law; or
(b) Claim work injury compensation and forgo his rights to pursue damages under common law by:
- Proceeding with the dispute resolution procedures under the work injury compensation system (see step 6); or
- Withdrawing his objection, if any, and accepting the NA.
Should the employee accept the NA and there are no other objections, the claim will be concluded on the 29th day. The employer (or his insurer) is required to pay the compensation amount within 35 days after the service of the NA*.
- Once the employee decides to pursue his claim under the WICA, he will generally not longer be able to exercise his option to sue his employer under common law.
* Interest (at prescribed rates) may be imposed for late payment of compensation.
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Step 6 : Resolving and Adjudicating Dispute
- MOM will hold pre-hearing conferences to help resolve the objections. Any objection that cannot be resolved amicably will be referred for the Labour Court for hearing.
- If the objection pertains to the percentage of the permanent incapacity awarded, MOM will refer the employee to the Work Injury Compensation Medical Board for final medical assessment. The objecting party shall bear the medical report fees ($357) and any other expenses arising from tests that are deemed necessary by the Medical Board.
- After all objections are resolved and the claim is concluded at a pre-hearing conference or hearing, the Commissioner will order the compensation amount to be paid within 21 days from the date of the order. Interest (at prescribed rates) may be imposed for late payment of compensation.
- The claimant can approach the Ministry for assistance if the employer or insurer fails to pay the compensation amount awarded.
Failure to pay compensation is an offence which carries a fine of up to $10,000 and/or a jail term of up to twelve months.
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