Malaysia legislation
Section 4
Section 4
(b)
An accident happening to a workman while he is, with the express or implied permission of his employer, travelling as a passenger by any vehicle, ship, vessel or aircraft to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by such means, be deemed to arise out of and in the course of his employment, if the accident would have been deemed so to have arisen had he been under such an obligation, and if at the time of the accident, the vehicle, ship, vessel or aircraft is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being operated in the ordinary course of a public transport service except when the injured workman is himself an employee of the public transport service concerned and would otherwise be entitled to receive compensation under paragraph (a) of this subsection.
(c)
An accident happening to a workman in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be deemed to arise out of and
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Workmen’s Compensation in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimize damage to property.
(d)
An accident happening to a workman shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he was acting without instructions from his employer, if—
(i)
the accident would have been deemed to have arisen had such act not been done in contravention as aforesaid or without instructions from his employer, as the case may be; and
(ii)
such act was done for the purposes of and in connection with the employer’s trade or business.
(2)
An employer shall not be liable to pay compensation in respect of any injury which does not disable the workman for a period of at least four days from earning full wages at the work at which he was employed; and no compensation shall be payable in respect of the first four days of such disablement unless the disablement lasts for a period of at least fourteen days.
(b)
An employer shall not be liable to pay compensation in respect of an injury to a workman resulting from an accident if it is proved that the injury to the workman is directly attributable to the workman having been at the time thereof under the influence of alcohol or a drug, unless such injury results in the death.
(3)
No compensation shall be payable under this Act in respect of any disablement or death resulting from a deliberate self-injury or the deliberate aggravation of an accidental injury.
(3A)
If a workman is injured or dies as a result of an accident which occurs in Singapore or in any other territory which the
Minister may from time to time by notification in the Gazette prescribe, in circumstances in which if such accident had happened in Malaysia such workman would have been entitled to compensation
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under this Act, the employer of such workman shall be liable to pay compensation in accordance with this Act: provided that either the contract of service between such workman and his employer is made within Malaysia or the normal place of employment of such workman lies within Malaysia.
(b)
If a workman is injured or dies as a result of an accident in Malaysia for which compensation is payable under the Workmen’s
Compensation Act of Singapore [Singapore Cap.157], the employer of such workman shall not be liable to pay compensation under this Act in addition to any compensation he is liable to pay under the Workmen’s Compensation Act of Singapore.
(4)
No compensation shall be payable under this Act in respect of any disablement or death resulting from personal injury, if the workman has at any time represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that the representation was false.
(5)
For the purposes of this Act an accident arising in the course of a workman’s employment shall be deemed, in the absence of evidence to the contrary, also to have arisen out of that employment.
Compensation for occupational diseases