Home / Malaysia Employment & Labor Law / Benefits, EPF, Pensions & SOCSO Need Help: Employment Injury Compensation

Need Help: Employment Injury Compensation (modified 0 times) Jason Hi, I have some doubt regarding employment injury compensation, it is regarding my father and I am hoping to get help from you guys out there. Here are some background. My father is now 60 years old. He works in a trading company since 30+ years back, started as a clerk and now is a Senior Manager. 2 years back after his retirement, he has been reemployed by the company under a 2 years contract. The contract should end March 2006. Under the contract, both the company and my father have still contribute to SOCSO and EPF. Also, the company has purchased group insurance for all the staffs in the company. On 21/10/2005, during office hour and while carrying out his duty (stock auditing), my father has fallen down from a ladder as high as 10 feets, causing him severe injury on brain, and cracked 2 ribs and hips bone. Nobody witness how he actually fall down. When people found him, he was sitting on the floor and not able to standup. He was admitted to ICU in a private hospital for one whole week and now is still under observation in the same hospital. The group insurance that the company has purchased for the staffs is applicable to my father, but is limited to RM50K. The total hospital bill until now (excluding doctors' charges) has exceeded RM30K, and estimated would exceed RM50K in total soon. OK, now here are the questions that I want to ask: 1. If the total hospital bill exceeded the RM50K limit, do we have legal right to claim from the company so to settle the excess of the bill? 2. If says it would take 6 months for my father to recover, how suppose under employment laws the company should compensate my father? 3. Since the employment contract will end March 2006, if it would take time longer than March 2006 for my father to recover, do we have legal right to claim for any compensation from the company for the period starting March 2006 until my father has fully recover? 4. If the company refuse to pay any compensation other than group insurance and SOCSO, what can we do to fight for our benefit? 5. We found that the ladder being used is not safe-proof. The "legs" of the ladder did not covered by rubber or plastic case. It could be due to this the ladder slipped away while my father trying to come down from the top. With this, what can or what should we do for our best benefit? Thanks for any possible advice. Regards, Jason 04 Oct, 2005 18:31:58

RE:Need Help: Employment Injury Compensation (modified 0 times) Novice If the matter is important to you, take it to the professionals for advice. Law is a complex matter and any mistake made could be costly. Further, law is not the only answer to all problems. Delay on your part may not be beneficial to your case. 09 Dec, 2005 02:27:06

RE:Need Help: Employment Injury Compensation (modified 0 times) Kenny Hi Jason, Just my little advice although I am not a fully qualified legal advisor. 1. Don't think you have right to claim the company for any medical expenses exceed RM50K, employment law requires the employer and employee to contribute socso only, it does not states that a company must purchase P.A. Insurance. Therefore, the company has no responsibility to pay the medical expenses. 2. since you father is working under a 2 yrs contract, thus you must refer to the clause in the contract. Normally the employee is entitled to 14 days sick leave (it may extend to 60 days if the patient stay in hospital), no leave will be given after this period. 3. The company does not have reponsibility to compensate. 4. Since the company already contribute socso and purchases group insurance, thus, the company will not have to compensate. 5. This must be proven under the principal of safety working environment must be provided by the employer. However, it is not easy to prove that because of the employer's negligence, so the employee injured. if the ladder has been regularly used by ur father, then he should know how safe the ladder is, and if your father is not the one who use the ladder regularly, but he already known that the ladder was not safe, then your father may not succeed in his claim. what i can see is the company already provide sufficient insurance protection for its employee such as Socso and Group Insurance. therefore, I don't think this company should bear any extra expenses incurred in this incident. this is just my little opinion, i did not touch law for more than 2 yrs, if there is any mistake, please correct it. thanks 19 Jan, 2006 00:13:05

Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit Lawyerment.com.my for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2007 Lawyerment.com. All rights reserved