Workmen’s Compensation (Amendment) Bill

Bill No. 3/1971

Read the first time on 30th July 1971.

An Act to amend the Workmen’s Compensation Act (Chapter 130 of the 1970 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Workmen’s Compensation (Amendment) Act, 1971, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 2

2. The proviso to subsection (1) of section 2 of the Workmen’s Compensation Act (hereinafter in this Act referred to as “the principal Act”) is hereby deleted and the following substituted therefor: —

“Provided that the following persons are excepted from the definition of “workman”: —

(a)	a person employed otherwise than by way of manual labour whose earnings, calculated in accordance with the provisions of section 9 of this Act, exceed seven hundred and fifty dollars a month;
(b)	a person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club;
(c)	a domestic servant;
(d)	a police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties;
(e)	an outworker;
(f)	a tributer;
(g)	any member of the family of the employer who dwells with him in his house;
(h)	any class of persons whom the Minister may, by order, declare not to be workmen for the purposes of this Act.”.

Amendment of section 3

3. Section 3 of the principal Act is hereby amended —

(a)

by deleting the definitions of “adult” and “minor” appearing in subsection (1) thereof;

(b)

by deleting the definition of “Commissioner” appearing in subsection (1) thereof and substituting therefor the following: —

“ “Commissioner” means the Commissioner for Labour appointed under section 3 of the Employment Act (Cap. 122, 1970 Ed), and includes any officer to whom the Commissioner has delegated all or any of the powers conferred or duties imposed upon the Commissioner by this Act;”;

(c)

by deleting the definition of “earnings” appearing in subsection (1) thereof and substituting therefor the following: —

“ “earnings” means any wages paid in cash to the workman by the employer and any privilege or benefit which is capable of being estimated in money and includes the value of any food, fuel or quarters supplied to the workman by the employer if as a result of the accident the workman is deprived of such food, fuel or quarters; and any overtime payments or other special remuneration for work done, whether by way of bonus, allowance or otherwise, if of constant character or for work habitually performed except —

(a)	a travelling allowance;
(b)	the value of any travelling concession;
(c)	a contribution paid by the employer towards any pension or provident fund;
(d)	a sum paid to the workman to cover any special expenses incurred by him by reason of the nature of his employment;”;

(d)

by deleting the definition of “employer” appearing in subsection (1) thereof and substituting therefor the following: —

“ “employer” includes —

(a)	the Government;
(b)	any statutory body or authority;
(c)	the legal personal representative of a deceased employer; and
(d)	in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club,

and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;”;

(e)

by deleting the definition of “partial disablement” appearing in subsection (1) thereof and substituting therefor the following: —

“ “partial incapacity” means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in his incapacity and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was able to undertake at the time of the accident:

Provided that every injury specified in the First Schedule to this Act, except such injury or combination of injuries in respect of which the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds one hundred per centum, shall be deemed to result in permanent partial incapacity;”;

(f)

by deleting the definition of “total disablement” appearing in subsection (1) thereof and substituting therefor the following: —

“ “total incapacity” means such incapacity whether of a temporary or permanent nature as incapacitates a workman for all work which he was capable of undertaking at the time of the accident resulting in such incapacity:

Provided that permanent total incapacity shall be deemed to result from an injury or from any combination of injuries specified in the First Schedule to this Act where the percentage or aggregate percentage of the loss of earning capacity as specified in that Schedule against such injury or injuries amounts to or exceeds one hundred per centum;”; and

(g)

by deleting subsection (2) thereof and substituting therefor the following: —

“(2) The exercise and performance of the powers and duties of a department of the Government or a statutory body or authority shall, for the purposes of this Act, be deemed to be the trade or business of the Government or statutory body or authority, as the case may be.”.

Amendment of section 4

4. Section 4 of the principal Act is hereby amended —

(a)

by deleting subsection (5) thereof and substituting therefor the following: —

“(5) An employer shall not be liable to pay compensation in respect of any injury which does not incapacitate the workman for a period of three consecutive days from earning full wages at the work at which he was employed.”; and

(b)

by deleting the word “disablement” appearing in subsection (6), in subsection (7) and in subsection (8) thereof and substituting therefor in each case the word “incapacity”.

Amendment of section 5

5. Section 5 of the principal Act is hereby amended by deleting the word “disablement” wherever it appears therein and substituting therefor in each case the word “incapacity”.

Repeal and re-enactment of section 8

6. Section 8 of the principal Act is hereby repealed and the following substituted therefor: —

“Amount of compensation

8.—(1) Subject to the provisions of this Act the amount of compensation shall be paid in accordance with the provisions of this section.

(2) Where death results from the injury —

(a)

if the workman leaves any dependants wholly dependent on his earnings, the amount of compensation shall be —

(i)	in the case of a workman below forty years of age at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to seventy-two months’ earnings, whichever is the less;
(ii)	in the case of a workman who is forty years of age and above but below fifty years of age at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to sixty months’ earnings, whichever is the less;
(iii)	in the case of a workman who is fifty years of age and above at the time of the accident, a lump sum of twenty-one thousand six hundred dollars or equal to forty-eight months’ earnings, whichever is the less:

Provided that the compensation payable under this paragraph shall not be less than seven thousand two hundred dollars;

(b)

if the workman does not leave any dependants wholly dependent on his earnings, but leaves any dependants in part so dependent, the amount of compensation shall be such lump sum, not exceeding in any case the amount payable under paragraph (a) of this subsection, as may be determined by the Commissioner to be reasonable and proportionate to the loss suffered by such dependants.

(3) Where permanent total incapacity results from the injury, the amount of compensation shall be —

(a)

in the case of a workman who is eighteen years of age and above at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to sixty months’ earnings, whichever is the less:

Provided that the amount of compensation shall in no case be less than the amount which would have been payable if it had been determined in accordance with sub‑paragraph (i) of paragraph (a) of subsection (2) of this section;

(b)

in the case of a workman who is sixteen years of age and above but below eighteen years of age at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to eighty-four months’ earnings, whichever is the less;

(c)

in the case of a workman below the age of sixteen years at the time of the accident, a lump sum of twenty-eight thousand eight hundred dollars or equal to one hundred and eight months’ earnings, whichever is the less,

and where the injured workman is unable to perform the essential actions of life without the constant attention of another person, additional compensation shall be paid amounting to one-quarter of the amount which is otherwise payable under this subsection.

(4) Where permanent partial incapacity results from the injury, the amount of compensation shall be —

(a)	in the case of an injury specified in the First Schedule to this Act such percentage of the compensation which would have been payable in the case of permanent total incapacity as is specified therein as being the percentage of the loss of earning capacity caused by that injury; and
(b)	in the case of an injury not specified in the First Schedule to this Act, such percentage of the compensation which would have been payable in the case of permanent total incapacity as is proportionate to the loss of earning capacity permanently caused by the injury in any employment which the workman was capable of undertaking at that time:

Provided that where more injuries than one are caused by the same accident the amounts of compensation payable in respect of all such injuries shall be aggregated but not so as to exceed in any case the amount which would have been payable in respect of permanent total incapacity.

(5) Where temporary incapacity whether total or partial results from the injury, the workman shall be entitled to a half-monthly payment payable on the sixteenth day from the date of incapacity, and thereafter half-monthly during the incapacity or during a period of five years, whichever period is shorter, of one hundred and ninety-five dollars or an amount equal to one-third of his monthly earnings, whichever is the less:

Provided that —

(a)	where permanent incapacity follows a period not exceeding six months of total or partial temporary incapacity there shall not be deducted from the lump sum payable in respect of such permanent incapacity any half-monthly payments or allowance to which the injured workman is entitled and which he has received from his employer by way of compensation;
(b)	where permanent incapacity follows a period exceeding six months of total or partial temporary incapacity there shall be deducted from the lump sum payable in respect of such permanent incapacity any half-monthly payments or allowance to which the injured workman is entitled and which he has received from his employer by way of compensation in respect of any period in excess of six months;
(c)	no half-monthly payment shall in any case exceed the amount, if any, by which half the amount of the monthly earnings of the workman before the accident exceeds half the monthly amount which he is earning or is in the opinion of the Commissioner able to earn in some suitable employment or business after the accident; and
(d)	where the incapacity ceases before the date on which any half-monthly payment falls due, there shall be payable in respect of that half-month an amount proportionate to the duration of the incapacity during that half-month.”.

Amendment of section 9

7. Section 9 of the principal Act is hereby amended —

(a)

by deleting paragraph (d) of subsection (1) thereof and substituting therefor the following: —

“(d)

where the earnings of a workman cannot be determined according to the provisions of paragraph (a), (b) or (c) of this subsection or where the earnings of a workman so determined are less than —

(i)	one hundred and twenty dollars a month in the case of a workman who is eighteen years of age and above;
(ii)	one hundred and five dollars a month in the case of a workman who is below eighteen years of age but is sixteen years of age and above; or
(iii)	ninety dollars a month in the case of a workman below sixteen years of age,

then in any such case, the monthly earnings of a workman who is eighteen years of age and above shall be deemed to be one hundred and twenty dollars, the monthly earnings of a workman below eighteen years of age but who is sixteen years of age and above shall be deemed to be one hundred and five dollars, and the monthly earnings of a workman below sixteen years of age shall be deemed to be ninety dollars.”; and

(b)

by deleting subsection (4) thereof.

Amendment of section 10

8. Section 10 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) No payment of compensation in respect of a workman whose injury has resulted in death, permanent total incapacity or permanent partial incapacity shall be made otherwise than by deposit with the Commissioner, and any such payment made directly to the workman or his dependant shall be deemed not to be payment of compensation for the purposes of this Act:

Provided that the Commissioner may authorise payment of compensation to be made directly to a workman who is eighteen years of age and above in respect of injury resulting in permanent partial incapacity.”;

(b)

by deleting the words “one hundred” appearing in the fifth line of subsection (4) thereof and substituting therefor the words “two hundred and fifty”; and

(c)

by deleting subsection (7)(a) thereof and substituting therefor the following: —

“(7) (a) Where any lump sum deposited with the Commissioner is payable to a workman or his dependant who is below eighteen years of age or who is under any legal disability, the Commissioner may in his discretion cause such sum to be invested, applied or otherwise dealt with for the benefit of the workman or his dependant until he attains eighteen years of age or during his disability, as the case may be, in such manner as the Commissioner may determine.”.

Amendment of section 14

9. Section 14 of the principal Act is hereby amended —

(a)

by deleting subsection (1) thereof and substituting therefor the following: —

“(1) When notice of an accident has been given to an employer by a workman or by the Commissioner on the workman’s behalf the employer shall, before the expiry of five days from the time at which service of the notice has been effected, have the workman examined free of charge by a registered medical practitioner and shall pay the cost of any medical treatment and medicines for the workman as the registered medical practitioner considers necessary, and the workman shall submit himself for such examination; and any workman who is in receipt of a half-monthly payment under this Act shall, if so required, submit himself for such examination from time to time:

Provided that a workman shall not be required to submit himself for examination by a registered medical practitioner otherwise than in accordance with regulations made under this Act or at shorter intervals than may be prescribed therein.

(1A) When medical reports are required for the purpose of this Act, the fees for such reports shall be paid for by the employer.”;

(b)

by deleting the words “whose services have been offered to him by the employer free of charge” appearing in the fifth and sixth lines of subsection (2) thereof;

(c)

by deleting the expression “whose services have been offered to him by the employer free of charge or, having accepted such offer,” appearing in the second, third and fourth lines of subsection (6) thereof and substituting therefor the word “or”;

(d)

by deleting the word “disability” appearing in the eighth line of paragraph (a) of subsection (6) thereof and substituting therefor the word “incapacity”; and

(e)

by deleting the word “disablement” wherever it appears in paragraph (b) of subsection (6) thereof and substituting therefor in each case the word “incapacity”.

Amendment of section 15

10. Section 15 of the principal Act is hereby amended —

(a)	by deleting the words “and special hospitals” appearing in the marginal note thereto;
(b)	by deleting subsection (2) thereof;
(c)	by deleting the words “either to an approved or a special” appearing in the first and second lines of subsection (3) thereof and substituting therefor the words “to an approved”; and
(d)	by deleting the words “or special” appearing in the ninth line of subsection (3) and in the second line of subsection (4) thereof.

Amendment of section 18

11. Section 18 of the principal Act is hereby amended by deleting the expression “of paragraph (e) of section 8” appearing in the sixth line of subsection (2) thereof.

Amendment of section 21

12. Section 21 of the principal Act is hereby amended by deleting the word “disablement” appearing in the fourth line of the proviso to subsection (3) thereof and substituting therefor the word “incapacity”.

Amendment of section 22

13. Section 22 of the principal Act is hereby amended by deleting the word “disablement” appearing in the fifth line of paragraph (a) thereof and substituting therefor the word “incapacity”.

Amendment of section 23

14. Section 23 of the principal Act is hereby amended by deleting the word “fifty” appearing in the last line of subsection (2) thereof and substituting therefor the words “five hundred”.

Repeal and re-enactment of section 26

15. Section 26 of the principal Act is hereby repealed and the following substituted therefor: —

“Compulsory insurance against employer’s liability

26.—(1) Every employer shall insure and keep himself insured with a Singapore insurer within the meaning of the Insurance Act (Cap. 193, 1970 Ed), in respect of any liability which he may incur under the provisions of this Act to any workman employed by him:

Provided that the Minister may, by notification in the Gazette, declare that the provisions of this subsection shall not apply to any employer or class of employers.

(2) Any employer, who for the purpose of defraying or partly defraying the cost of insurance in respect of his liability to pay compensation under the provisions of this Act, makes any deduction from the earnings of a workman in his employment shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(3) Any employer who fails to insure himself in accordance with subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four thousand dollars or to imprisonment for a term not exceeding one year or to both such fine and imprisonment.”.

Amendment of section 43

16. Subsection (2) of section 43 of the principal Act is hereby amended —

(a)

by deleting the words “either an approved or a special hospital” appearing in the last line of paragraph (e) thereof and substituting therefor the words “an approved hospital”;

(b)

by deleting paragraph (g) thereof and substituting therefor the following: —

“(g)

prescribe the procedure to be followed when a registered medical practitioner who has examined a workman certifies that treatment in an approved hospital is necessary under section 15 of this Act and the procedure for the payment of hospital fees and the cost of artificial limbs and surgical appliances;”; and

(c)

by deleting the full-stop appearing at the end of paragraph (u) thereof and substituting therefor a semi-colon and by inserting immediately thereafter the following new paragraph: —

“(v)	provide for the establishment of medical boards and panels to determine matters relating to medical evidence.”.

Repeal and re-enactment of First Schedule

17. The First Schedule to the principal Act is hereby repealed and the following substituted therefor: —

“FIRST SCHEDULE

(Sections 3 and 8).

Injuries Deemed to Result in Permanent Incapacity

Item.

Injury.

Percentage of loss of earning capacity.

Loss of two limbs

}

100

Loss of both hands or of all fingers and both thumbs

Loss of both feet

Total loss of sight, including the loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential

Total paralysis

Injuries resulting in being permanently bedridden

Any other injury causing permanent total incapacity

Loss of arm at shoulder

Loss of arm between elbow and shoulder

10.

Loss of arm at elbow

11.

Loss of arm between wrist and elbow

12.

Loss of hand at wrist

13.

Loss of four fingers and thumb of one hand

14.

Loss of four fingers

15.

Loss of thumb —

both phalanges

one phalanx

16.

Loss of index finger —

three phalanges

two phalanges

one phalanx

17.

Loss of middle finger

three phalanges

two phalanges

one phalanx

18.

Loss of ring finger —

three phalanges

two phalanges

one phalanx

19.

Loss of little finger —

three phalanges

two phalanges

one phalanx

20.

Loss of metacarpals —

first or second (additional)

third, fourth or fifth (additional)

21.

Loss of leg —

at or above knee

below knee

22.

Loss of foot

23.

Loss of toes —

all of one foot

great, both phalanges

great, one phalanx

other than great, if more than one toe lost, each

24.

Loss of sight of one eye

25.

Loss of hearing, one ear

26.

Total loss of hearing

Note: —

(1)	Total permanent loss of the use of a member shall be treated as loss of such member.

(2)	Where there is loss of two or more parts of the hand, the percentage shall not be more than the loss of the whole hand.

(3)	Loss of remaining arm, leg or eye if one has already been lost, shall be the difference between the compensation for the total incapacity, and compensation already paid or that which would have been paid for the previous loss of limb or eye.

”.

Amendment of Second Schedule

18. The Second Schedule to the principal Act is hereby amended by adding at the end thereof the following new paragraphs: —

“

17. Silicosis

Any occupation involving breathing-in of fine particles of silica generated by industrial processes, e.g. granite crushing, sand blasting, kao-lin grinding, ceramic works.

18. Asbestosis

Any occupation involving exposure to asbestos dust.

”.

Search within Legislation