Malaysia legislation
Section 8
Section 8
Subject to this Act the amount of compensation shall be as follows, namely—
(a)
where death has resulted from the injury, a lump sum equal to sixty months earnings or eighteen thousand ringgit, whichever is the less:
Provided that if the deceased workman did not leave any dependants, the lump sum shall be the actual amount of the expenses of the funeral of the workman or one thousand ringgit whichever is the less;
(b)
where permanent total disablement results from the injury—
(i)
in the case of an adult who has completed the eighteenth year of his age, a lump sum equal to sixty months earnings or twenty-three thousand ringgit, whichever is the less;
(ii)
in the case of any other adult, a lump sum equal to eighty-four months earnings or twenty-three thousand ringgit, whichever is the less; and
(iii)
in the case of a minor, a lump sum equal to one hundred and eight months earnings or twenty-three thousand ringgit, whichever is the less:
Provided that where an injury results in permanent total disablement of such a nature that the injured workman must have the constant help of another person, additional compensation shall be paid amounting to one quarter of the amount which is otherwise payable under this paragraph;
(c)
where permanent partial disablement results from the injury such percentage of the compensation which would have been payable in the case of permanent total disablement as is proportionate to the permanent loss of earning capacity caused by the injury:
Provided that in the case of an injury specified in the
First Schedule the compensation payable shall not be less than such percentage of the compensation which is payable in the case of permanent total disablement as is set opposite to that injury in the said Schedule:
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And provided further that if death follows a period of total or partial temporary disablement, the total of all half-monthly payments paid under paragraph (e) below and the lump sum payable in respect of such death shall together not exceed twenty-three thousand ringgit;
(d)
where more injuries than one are caused by a single accident and permanent disablement results 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 disablement;
(e)
where temporary disablement, whether total or partial, results from the injury, a half-monthly payment payable on the sixteenth day from the date of the disablement, and thereafter half-monthly during the disablement or during a period of five years, whichever period is shorter, of one hundred and sixty-five ringgit or an amount equal to one-third of his monthly earnings, whichever is the less:
Provided that—
(i)
where permanent disablement follows a period not exceeding twelve months of total or partial temporary disablement there shall not be deducted from the lump sum payable in respect of such permanent disablement 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;
(ii)
where permanent disablement follows a period exceeding twelve months of total or partial temporary disablement there shall be deducted from the lump sum payable in respect of such permanent disablement 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 twelve months, subject to a maximum deduction equivalent to the said lump sum;
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Workmen’s Compensation
(iii)
where resident treatment in a hospital or outpatient medical treatment is necessary as a result of the accident, abstention from work for such treatment shall be regarded as total temporary disablement for the purposes of payment of compensation:
And provided further that 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 exceed shalf 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 provided further that if the disablement 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 disablement during that half-month.
Method of calculating earnings