On 22 October 2024, the Singapore High Court dismissed a flight attendant’s injury claim against Singapore Airlines. The flight attendant claimed he slipped in the galley during a 2019 flight, which led to injuries that ended his ability to work. However, the court found inconsistencies in his testimony and ruled that there was no breach of duty of care by the employer.
This case sheds light on how challenging workplace injury claims can be when pursued under common law as opposed to the Work Injury Compensation Act (WICA). It also emphasizes the importance of having strong evidence when trying to prove negligence.
Understanding Singapore's Work Injury Compensation Act - WICA vs. Common Law
If you're an employee in Singapore, it’s important to understand your options when filing for compensation after a work-related injury. Under WICA, employees can receive compensation without needing to prove their employer was at fault. It's a no-fault system that simplifies the process. However, under common law, like in the case of the flight attendant, you need to prove negligence—a much more complex and time-consuming process.
WICA offers a faster route, while common law claims may result in higher payouts if negligence is proven—but they come with much higher risks.
Why WICA is a Safer Choice for Employees
For many workers who may not fully understand Singapore's Work Injury Compensation Act (WICA), WICA is often the safer and easier route for claiming workplace injury compensation. It provides coverage for most manual workers and employees earning below S$2,600 per month, offering compensation for medical expenses, lost wages, and payouts for permanent incapacity or death—all without the need to prove employer fault.
In the Singapore Airlines case, if the flight attendant had filed a WICA claim, he may have been eligible for compensation. However, his decision to pursue a common law claim led to its dismissal due to insufficient evidence, highlighting the advantages of WICA’s no-fault system.
What does WICA cover?
Medical Expenses: Up to S$45,000 for work-related injuries.
Wage Compensation: Covers your wages if you’re unable to work, for up to one year.
Permanent Incapacity or Death: Lump sum payouts for serious injuries or in the event of death.
For more on WICA coverage, you can refer to the official Ministry of Manpower guide.
Why Some Employees Choose Common Law Claims
While WICA provides straightforward compensation, some employees opt for common law claims, hoping to receive higher payouts. In a common law claim, if you can prove that your employer was negligent, you might be entitled to more compensation than WICA offers.
However, this comes with its own risks. As seen in the Singapore Airlines case, common law claims require strong evidence, and if you can’t prove negligence, your claim will likely be dismissed—leaving you with nothing.
What Should Employers and Employees Know About WICA?
For Employees: WICA offers quick, no-fault compensation, making it an ideal choice for most workers. It provides financial support when you're injured, without the stress of proving fault.
For Employers: WICA helps employers meet their legal responsibilities and avoid drawn-out legal battles. By following safety protocols and having proper documentation, employers can protect themselves against negligence claims under common law.
Employers also benefit from WICA’s cap on liability, which simplifies the process and reduces the chances of lengthy lawsuits.
How to File a WICA Claim
If you’ve suffered a work-related injury, filing a WICA claim is straightforward. You can submit your claim to the Ministry of Manpower (MOM), and your employer is required to assist you throughout the process. You have one year from the date of the injury to file your claim.
Filing a common law claim is more complex and can take years, as shown in the flight attendant’s case. If you’re considering this route, it’s important to weigh the pros and cons carefully.
For more details, you can visit the MOM's claims process page.
Can You Fall Back on WICA After a Common Law Claim?
A common question employees have is whether they can still file a WICA claim if their common law claim is dismissed. Unfortunately, if more than one year has passed since the accident, you cannot fall back on WICA. This means it's crucial to decide quickly which option is best for you—otherwise, you might lose your chance to seek any compensation at all.
Choose Your Path Carefully
The Singapore Airlines case is a reminder of how difficult common law claims can be. While they might offer the potential for higher payouts, the burden of proof is significant. WICA, on the other hand, offers a faster and simpler process for securing compensation. Before making a decision, both employees and employers should consider the risks and benefits of each option.
For more information on workplace safety and injury compensation, check out the Ministry of Manpower’s official WICA page.
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