Work Injury Compensation Act and its Practical Applications

  

About this Course

Work Injury Compensation is a benefit mandated by the Work Injury Compensation Act (WICA).  In Singapore, as long as an employee is working under a contract of service, he will  be covered under the WICA.  Regardless of how safe an employer may try to make his workplace, on-the-job accidents and job related illnesses unfortunately may still occur. Workers’ compensation has become increasingly complicated and costly over the years. Therefore, it is essential for HR practitioners and those in charge of making claims to understand how to comply with the WICA so that employees can receive the full and correct benefit under the WICA.  This will also show that the employer is caring and welfare oriented, especially when an accident happens at the workplace.

At this workshop, you will learn if the WICA insurance is compulsory for the employer, the Ministry of Manpower’s claims procedures, or to pursue a tort action under common law, compensation payable during work cum leisure, working at home.  Most importantly, you will also learn if, under the Infectious Diseases Act, an employer has the legal right and obligation to safeguard his employees against infectious viruses, such as the H7N9 virus, whilst in the course of employment.

At the end of this workshop, delegates can be assured that they will be more competent in their understanding of the WICA and its applications.

Learning Objectives:

  1. State what workmens’ compensation is
  2. Background and purpose of workmens’ compensation legislation.
  3. The persons covered, the person liable to pay compensation, those who can claim compensation.
  4. Whether WICA’s insurance and medical insurance are compulsory and whether there are exceptions.
  5. Definition of strict liability and “arising and out of in the course of employment”.
  6. Benefits and disadvantages for employers and employees.
  7. Procedures for making claims with Ministry of Manpower.
  8. Proceed with WICA or tort suit under common law.
  9. Employer’s legal rights and obligation to safeguard their employees against H7N9 whilst in the course of employment.

Course Outline:

 competent HR practitioner must have the skills and knowledge in the following:

1.       Background and Purpose of WICA.

  • WICA versus Tort, common law
  • WICA versus personal accident insurance.

2.       Category of employees covered and liabilities of employer.

  • Single and Multiple employers’ coverage.
  • Statutory and common law employees’ eligibility.
  • Regular, part-time, fixed employment contract etc.
  • Locals, SPR, Foreigners.

3.       Compensation payable and under what circumstances

  • Strict liability versus liability under tort.
  • Employer’s fault.
  • Employee’s fault.
  • Formula for compensation payable.
  • Contributory negligence.
  • Death, permanent disabilities and temporary disabilities.

4.       Coverage of insurance

  • Statutory requirements or employer’s discretion and who are exempted.
  • WICA Insurance premium on single company or group of companies.
  • Personal accident insurance.
  • Medical insurance.

5.       Accidents arising “out and in the course of employment”

  • Going to work and leaving work for home.
  • During tea/lunch break and in/out of company’s premise.
  • Singapore and out of Singapore.
  • Working hours and non-working hours.
  • Differentiation between duty and leisure

6.         Defences

  • Intentional act.
  • Under influence of controlled drugs or alcohol.
  • Contributory negligence.

7.       Benefits and Disadvantages of Workmens’ Compensation

  • Amount of benefits from WICA or damages under tort action.
  • Cost involvement under WICA and tort suit.
  • Medical expenses entitlement.
  • Payout duration.
  • Claim under WICA and tort action together or separate.
  • Hospitalisation and sick leave entitlements.

 8.       Procedures for filing a claim under WICA with Ministry of Manpower

  • Duty to report by employee.
  • Duty to report by employer.
  • Timeline for reporting.
  • Penalty for failure to report to MOM.
  • Notice of assessment.
  • Disputing the compensation under notice of assessment.
  • Notice of objection.
  • Penalties for default of payment.

Methodologies

Lecture and case study.

Who should attend?

Human Resource Practitioners.

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