Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part II · Workmen’S Compensation for Injury
5. Compensation for occupational diseases
Feedback & supportIf a workman who is employed in any occupation described in the Second Schedule contracts a disease or injury shown in the said Schedule to be related to that occupation, or if a workman who has been employed in such occupation contracts such a disease or injury within twelve months after ceasing to be so employed, and if disablement or the death of such workman results from that disease, compensation shall be payable as if the disease were a personal injury by accident arising out of and in the course of that employment, and all the other provisions of this Act shall apply accordingly, subject to the provisions of this section:
workman
“workman”, subject to the proviso to this subsection, means any person who has, either before or after the commencement of this Act, entered into or works under a contract of service or of apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is expressed or implied or is oral or in writing, whether the remuneration is calculated by time or by work done and whether by the day, week, month or any longer period: Provided that the following persons are excepted from the definition of “workman”— (a) any person employed otherwise than by way of manual labour whose earnings, calculated in accordance with section 9, exceed five hundred ringgit a month; (b) a person whose employment is of casual nature and who is employed otherwise than for the purposes of the employer’s trade or business, not being a person employed for the purposes of any game or recreation and engaged or paid through a club; (c) a domestic servant; (d) any person who is a member of the armed forces or of any visiting force lawfully present in Malaysia; (e) any person in the civil employment of Her Britannic Majesty’s Government in the United Kingdom, or in any other country of the Commonwealth whose contract of service was not made in Malaysia nor in Singapore; (f) a person employed, or selected for employment, in a civil capacity by the Government of Malaysia or by the Government of any State or by any local authority before 1 April 1953 in the application of this Act in Peninsular Malaysia, and before 1 January 1957 in the application of this Act in Sarawak where, in consequence of injury received by any such person in the discharge of his duties, a pension, gratuity or other allowance which would not be payable if such injury were received otherwise is paid to him or, in the case of his death, to any of his dependants as defined in this Act under any written law for the time being in force in Malaysia or any part thereof providing for the grant of such pension, gratuity or other allowance (this paragraph shall not apply in Sabah); (g) any police officer, and any other person engaged to perform police duties in accordance with the provisions of any written law while so performing such duties; (h) an out-worker; (i) a tributer; (j) any member of the family of the employer who dwells with him in his house; *(k) any class of persons whom the Minister may declare not to be workmen for the purposes of this Act. *NOTE—see P.U.…
Provided that where the workman has developed any of the diseases mentioned in the said Schedule, that disease shall, unless the contrary is proved, be presumed to be due to the nature of the occupation if the workman has been employed in any of the specified occupations within thirty days of the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from that disease.
registered medical practitioner
“registered medical practitioner” means a medical practitioner registered or exempted from registration under any written law relating to the registration of medical practitioners from time to time in force in Malaysia or any part thereof;
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Workmen’s Compensation
When a workman enters into a contract of service or apprenticeship with any employer to work in any occupation specified in the Second Schedule or is, with his consent, transferred by his employer to such an occupation, he shall, if requested to do so by the employer, submit himself for examination by a registered medical practitioner, the fee for which shall be paid by the employer; but such workman shall not be required to submit himself for examination by a registered medical practitioner otherwise than in accordance with Regulations made under this Act nor at shorter intervals than may be prescribed therein.
employer
“employer” includes the Government of Malaysia and the Governments of each of the States; in respect of civilian employees engaged in Malaysia or in Singapore of any visiting force lawfully present in Malaysia or of any person in the civil employment of the Government of any Commonwealth country, whose contract of service was made in Malaysia or in Singapore, the Government of that Commonwealth country; any local authority; any person or body of persons whether statutory or incorporated or not; the legal personal representative of a deceased employer; and in relation to a person employed for the purpose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of the said club: Provided that where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
No compensation shall be payable under this section in respect of the disablement or death of a workman if the disablement begins or the death happens, as the case may be, more than twelve months after the workman has ceased to be employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed:
Provided that compensation shall be payable in respect of the death of a workman if his death has been preceded, whether immediately or not, by any period of disablement in respect of which compensation is payable under this section.
For the purposes of calculating the monthly earnings of the workman in a claim for compensation under this section, the date of commencement of the disablement of the workman, or the date of his death, if there has been no previous period of disablement, shall be treated as the date of the happening of the accident, if he is then employed in any employment to the nature of which the disease is due by the employer from whom the compensation is claimed, and if he is not then so employed, the last day on which he was so employed shall for this purpose be deemed to be the date of the happening of the accident.
For all other purposes of this Act the date of commencement of the disablement of the workman, or the date on which a registered medical practitioner certifies that in his opinion the workman is suffering from such disease, whichever date is the earlier, or the date of his death if there has been no previous period of disablement, shall be deemed to be the date of the happening of the accident.
If the disease has been contracted by a gradual process, so that two or more employers are severally liable to pay compensation in respect thereof under this section, the aggregate amount of such compensation shall not exceed the amount that would have been
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payable if those employers had been a single employer, and in such case each of those employers shall, in default of agreement, be liable for such proportion of the compensation payable as the
Arbitrator thinks just.
Arbitrator
“Arbitrator” means a person appointed by the Minister to be an arbitrator for workmen’s compensation for such area as may be specified in that appointment;
Any disease specified in the Second Schedule and any employment mentioned therein may be deleted therefrom, and new diseases and employments may be added thereto, by the Minister.
Notwithstanding the foregoing provisions of this section, the Minister may, in respect of any disease specified in the Second
Schedule, by order require that any such disease shall be certified by a Medical Board appointed under any Regulations made under section 43; and in respect of any disease referred to in such order this section and section 14 shall be construed as if for references to a registered medical practitioner there were substituted references to such Medical Board.