Home > Products & Services > Commercial > Workmen's Compensation

Workmen's Compensation
Summary Information Sheet

 
Product Description:

The Workmen’s Compensation Ordinance is only applicable to foreign workers. Such workers must be insured under the Workmen’s Compensation Policy by an Insurer approved by the Government. Presently, 10 Companies have been approved. We are not one of them.

Malaysian workers earning RM 2,000 and below must be insured under SOCSO.

This means that Malaysian workers are no longer required to be covered under the Workmen’s Compensation Policy. In practice however, particularly in contract works, the Principal, whether the Government of Malaysia or other parties, requires the Contractor to effect a Workmen’s Compensation Policy to cover their workers. The policy is taken up as a benefit policy.

In the event of an accident of the worker in the course of employment, the worker can make a claim under SOCSO as well as under the Workmen’s Compensation Policy.

All employees insured under SOCSO are debarred from suing the Employer under the Common Law. The employee however is not prohibited from suing another fellow employee under Common Law. For this reason, the Workmen’s Compensation Policy includes common law cover to cover the liability of employee to fellow employees. A clause called “Employee to Employee Clause” is included into the policy for this purpose.

Workmen’s Compensation

Workmen’s Compensation policy covers employees against personal injury sustained by accident or disease out of and in the course of employment by the employer in the business and if liable, compensation must be paid for such injury under the Laws –

  1. Workmen’s Compensation Ordinance 1952
  2. Workmen’s Compensation (Amendment) Ordinance 1956
  3. Workmen’s Compensation (Amendment) Ordinance 1976
  4. Modification of Laws (Workmen’s Compensation) (Extension and Modification) Ordinance 1981 or
  5. Common Law

Employers’ Liability

This policy covers any employee under a contract of service or apprenticeship with the employer against injury sustained by accident or disease arising out of and in the course of employment with the employer in business.

Foreign Workers Compensation Scheme and Foreign Workers Extra Protector

Tahan Insurance Malaysia Berhad is one of the panel of insurance companies appointed and approved by the Ministry of Human Resources to underwrite the Foreign Workers Compensation Scheme (FWCS). The scheme provides coverage for employment accidents to foreign workers as provided under Section 26(2) of the Workmen’s Compensation Act 1952 and also includes coverage for Repatriation and Personal Accident outside working hours. It is mandatory for every employer to insure all their foreign workers employed by him/her under the above scheme.

Foreign Maid Protector Scheme

The Foreign Maid Protector Scheme covers the insurance needs of a foreign maid.

Workers’ Immigration/Insurance Guarantee

An Insurance Guarantee for foreign workers is required for the approval process of the workers’ visa. An employer will need to submit this together with the foreign workers’ passport copy to the immigration department

For more information on the above insurance, please contact our Customer Careline number at 03-2694 8000