Workmen'S Compensation Act 1952 · Updated to 22 Jul 1982 · Part II · Workmen’S Compensation for Injury
8. Amount of compensation
Feedback & supportSubject to this Act the amount of compensation shall be as follows, namely—
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;
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.…
where permanent total disablement results from the injury—
total disablement
“total disablement” means such disablement whether of a temporary or permanent nature as disables a workman for all work which he was capable of undertaking at the time of the accident resulting in such disablement: Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of the First Schedule, or from any combination of injuries resulting from a single accident and specified in Part II of the First Schedule where the aggregate of the losses of earning capacity specified in the said Schedule against these injuries amounts to or exceeds one hundred per centum;
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;
adult
“adult” means a person who has completed his sixteenth year of age and “minor” means a person who has not completed his sixteenth year of age; *NOTE—For modification to Federal Territory of Labuan–see P.U.…
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
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;
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:
partial disablement
“partial disablement” means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in his disablement and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was able to undertake at the time of the accident: *NOTE—The Children and Young Persons Act 1947 was repealed by the Child Protection Act 1999 —see subsection 50(2)…
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;
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;
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—
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;
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;
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
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.