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Employer Guidelines To Claim Workers Compensation

Introduction

The Department of Labour is responsible for the handling compensation claims in respect of accidents arising out of and in the course of employment of employees through the enforcement of the Workmen's Compensation Act 1952. The Act protects/covers the foreign / non-citizen workers who worked legally in the country and also public servants in the manual capacity irrespective of their wage's limit.

This guidelines are to provide guide to employers and workers to report accidents that happen at their work place to the Labour Department Sarawak. The purpose of this guidelines are also aimed to make employers and workers aware of their rights and responsibilities under the Workmen's Compensation Act 1952.

 

Background

Compensation claims can be made under Section 8, of the Workmen's Compensation Act 1952 in respect of accidents that happen such as follows::

a) Temporary Disablement Case (HUS)

Temporary disablement means the ability of a person to earn his living in the occupation that he used to do at the time of the accident has been decreased temporarily.

b) Permanent Disablement Case (HUK)

Permanent disablement means a person has permanently lost his ability to carry out all types of occupations that he used to do at the time of the accident.

c) Fatal Case

Death that occurs as a result of accident occurring at the work place.

 

What is the Employer's Responsibility ?

 

1)         To report the accident that happened to his worker within 10 days from the date of the accident to the Commissioner of Workmen's Compensation at the nearest Labour Department (Section 13, Workmen's Compensation Act 1952).

Forms/Documents to be submitted :

  1. Temporary / Permanent Disablement Case

-          PK(O).JTKSWK.05(PMP)L1 - Notice of Accident;

-          PK(O).JTKSWK.05(PMP)L3 (P.P.2) - Accident Report Form PP2;

-          PK(O).JTKSWK.05(PMP)L4 (Buruh 90/Lab 90) - Medical Certificate (Buruh 90); and

-          Sick Leave Certificate (if any)

 

2.  Fatal Case

-          PK(O).JTKSWK.05(PMP)L1 - Notice of Accident;

-          PK(O).JTKSWK.05(PMP)L3 (P.P.2) - Accident Report Form PP2;

-          Autopsy Report;

-          Police Report;

-          Death Certificate; and

-          Name and address of heir(s)

 

2)         To deposit the compensation money in  respect of fatal case to the Commissioner of Workmen's Compesation who will carry out the distribution of the money concerned to the dependants of the deceased (Section 10, Workmen's Compensation Act 1952).

 

Penalty

 

 

a) Failure to report the accident within 10 days from the date of accident

A fine not exceeding RM 5,000.00 for first offence and a fine not exceeding RM 10,000.00 for the next consecutive offences (Section 13(5), Workmen's Compensation Act 1952).

 

b) Failure to insure foreign worker

 

A fine not exceeding RM 20,000.00 or imprisonment not exceeding 2 years or both (Section 26(6), Workmen's Compensation Act 1952).

 

Who can claim?

 

a)      Public servant other than manual labour (non manual) whose wage is RM 400 and below.

 

b)      Public servant who is in the manual labour irrespective of salary wage.

 

c)      Foreign workers

 

d)     Dependants of the deceased workers

 

Further Information

Head of Non-Resident Employment Division

Tel : 6082- 242261

Emel : E-Mail Image

Last Updated on Tuesday, 30th September 2014.

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