- You can claim under the Work Injury Compensation Act (WICA) or sue your employer in court, but not both.
- WICA is no-fault: you only need to show the injury arose out of and in the course of your work.
- A court claim requires proof that your employer was negligent, but compensation is not capped by statute.
- A WICA claim must generally be made within one year of the accident; a court claim within three years.
Two routes
An employee injured at work can claim compensation under the Work Injury Compensation Act, or bring a claim in negligence against the employer in court. The two can't be combined: accepting compensation under the Act generally means giving up the right to sue for the same injury.
Claiming under WICA
A WICA claim is made through the Ministry of Manpower. It is no-fault: you don't have to prove your employer did anything wrong, only that the accident arose out of and in the course of your employment. You do not need a lawyer to make one.
WICA can pay medical leave wages, medical expenses, and lump-sum compensation for permanent incapacity or death. Medical leave wages are paid in full for an initial period and at a reduced rate after that. The amounts are set by law, capped, and revised from time to time, so check the current limits for the date of your accident. WICA does not pay separately for pain and suffering.
Suing your employer
A claim in court requires you to prove that your employer was negligent, for example by providing an unsafe workplace, faulty equipment or an unsafe system of work. It usually takes longer and you will generally need a lawyer.
In return, court damages are assessed in the ordinary way, including pain and suffering and loss of amenity, and are not limited by the WICA caps.
Deadlines
A WICA claim must generally be made within one year of the accident. A negligence claim in court follows the usual three-year limit for personal injury. If you object to a WICA notice of assessment, the time to do so is short, so read it as soon as it arrives.
Choosing between them
The right route depends on how serious the injury is, how clear the employer's fault is, and how much time and cost you are prepared to take on. Because the choice is usually final, it is worth getting advice before you accept a WICA assessment.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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