Characterist in the news: SAF training accident – CMP v 3SG (NS) Hubert Wah (19 November 2019)
WICA or stronger – Choosing between the Work Injury Compensation regime and Common Law
Injured workers who suffer an accident while arising out of and in the course of their employment have the option of bringing a claim under:-
- The Work Injury Compensation regime, codified through the Work Injury Compensation Act (“WICA”); or
- Common Law by commencing a claim in the Singapore Courts.
This does not only refer to an industrial or workplace accident, but (depending on the transport arrangement between the employee and his employers) may also include a road traffic accident that occurs while an employee is travelling to or from his place of work. A claimant ultimately has to decide whether to resolve / settle a claim under WICA or Common Law – he cannot obtain both.
In this article, we aim to highlight and discuss several pertinent pros and cons that a typical claimant may experience if he were to choose to pursue a claim using either WICA rules or Common Law, using the lenses of liability, quantum and procedural duration. However,...