WORK INJURY COMPENSATION ACT

The Work Injury Compensation Act (WICA) is another legal instrument that governs WSH in Singapore. It provides injured employees with a low-cost and expeditious alternative to common law to settle compensation claims.

The WICA allows employees who have sustained injuries in work-related accidents or contracted occupational diseases to claim work injury compensation. Dependants of employees who died in work-related accidents are also eligible for compensation. Engaging a lawyer to file a WICA claim is not required and there is no cost involved in filing a work injury compensation claim with MOM.


CLAIMABLE COMPENSATION INCLUDES

Medical leave wages

Medical expenses

Permanent incapacity or death



Under the WICA, the employer (or employer’s insurer) is liable to pay the compensation regardless of who is at fault, as long as the employee suffered an injury due to an accident arising out of and in the course of his employment or contracted an occupational disease. The liability remains even after the employment has ceased or the Work Pass (of a foreign worker) has been cancelled. An injured employee can claim from either WICA or common law, but not from both.

The Work Injury Compensation Act (WICA) provides injured employees with a low-cost and expeditious alternative to common law to settle compensation claims.


THE MAIN DIFFERENCES BETWEEN FILING A WICA CLAIM AND CIVIL CLAIM UNDER COMMON LAW ARE:

WICA

Lawyer is not required. MOM will assist in the claim and resolve any disputes.

Compensation benefits are computed based on fixed formula and employers’ liabilities are capped.

Only need to prove that the injury is work-related.

Common Law

Lawyer is required, process is onerous.

Need to demonstrate the amount of damages that the employee is entitled to.

Need to prove fault with sufficient evidence.