What is the Work Injury Compensation Act?
The Work Injury Compensation Act (WICA) provides injured employees with a low-cost and expeditious alternative to common law to settle compensation claims.
To claim under WICA, the employee only needs to prove that he was injured in a work accident
or suffered a disease due to his work. Engaging a lawyer is not required to file a WICA claim. Under WICA, the employer (or employer’s insurer) is liable to pay the compensation regardless of who caused the accident/disease, and even after the employment has ceased or the Work Pass (of a foreign worker) has been cancelled. The amount of compensation is computed based on a fixed formula and is subject to caps. Dependants of deceased employees are also eligible to claim Work Injury Compensation.
Alternatively, the employee can file a civil suit against the negligent party under common law for damages. However, to succeed, he and his lawyer will need to prove that the employer or a third party had caused his injury. He will also need to substantiate the amount of damages before the Courts, and damages are not capped.
An injured employee can claim from either WICA or common law, but not
Click here for the key difference between claiming under Work Injury Compensation Act and Common Law.
Click here for the changes to the Work Injury Compensation Act effective 1 June 2012.
Click here to view the Work Injury Compensation Act.