General damages assessed

under four
What are Lost Time
Injury? In incidents that
affect the employee.
Also, result in disability. It
causes the employee
missing work.
heads(Balan,2004):
1. Loss of future
earnings
2. Pain, suffering, loss
of amenity.
3. Future care expenses
4. Loss of earning
capacity

The four general damages

have caused to Chin Khoon
Sing, 24. The four general
damages stated in Civil
Law (Amendment) Act
1984. The Civil Law started
force on 1 October 1984.

In section 28A(2)(c)(i) : Loss

In Malaysian Law, damage that cause of future earnings will not be
death in (section 7) and (section 8). It given. Unless the plaintiff
stated in Civil Law Act 1956. This “receiving earnings by his
damage can be claimed. In section own labour or other gainful
7(2) and 7(11) of Civil Law Act 1956, activity before he was
persons that entitled to bring a claim injured” stated in Journal of
for lost support. There are few Malaysian and Comparative
persons which are deceased’s Law by Dato’ P Balan.
spouse, grandparents, parents, step-
children, grandchildren and children.
Brothers, collateral relatives and
sisters include uncle and aunts are
not included for bring the claim for lost
support. Common Law, before the
accident, if plaintiff’s poor
health. This will cause the
reduction of the award. This is in
the loss of earnings in four head
of general damages. The
plaintiff’s poor health before
he/she got, was not recovery of
damages for future earnings
(Balan,2004).
 There are two types
damage/ loss caused to
the victim:
1. Direct costs
2. Indirect costs

Indirect costs:
 Investigation, travel costs
 Wage of injured worker for
part of day missed due to
accident
 Loss of productivity
 Replacement costs
 Property damage
 Administrative costs
 Litigation

Direct costs:
 Insurance costs
 Costs of claims
 Worker compensation
costs
 Repair of damaged
property and
equipment
Table 3.1 List and summary of previous occupational safety and health costs research
Table 3.1 List and summary of previous occupational safety and health costs research
Table 3.1 List and summary of previous occupational safety and health costs research
Table 3.1 List and summary of previous occupational safety and health costs research
Table 3.2: Fatal Accident cases (DOSH)
Table 3.2: Fatal Accident cases (DOSH)
 Figure 3.1 : Fatal injuries to all workers by main industry (Free Legal Advice, 2018)

When to claim?
 When employees hurt because
of negligence of their
employers.
 The incident caused sickness,
“Everyone not realizes that they could
injury to limb. Also, affected
make a claim for accident
lifestyle.
compensation from their work”.
 Should or not report the
accident?
 Allowed to file the
accident.
WORK ACCIDENT COMPENSATION  File accident
compensation claim.
CLAIMS  Report it in Accident
Report.
 Time to report: Three
years of accident.

How much cost to claim

compensation? In the accident claim
provides:
 No cost to claim the
compensation.  Compensation for
lost salary.

Why need to make claim? How to make the claim?

 The accident is not our fault.  Contact company (specializes in

 Injury/ death caused by work accident).
someone else.  Amounts depend on type of
 When injuries are serious injury.
(permanent disability) and
(inability to go to work).
Figure 3.2: Accident cost calculator for Chin Khoon Sing, 24 (Victim) (OSH calculator)

The accident cost result

were obtained.
OSH calculator were used
to calculate an example of
compensation for the Employer cost: RM
victim’s death. 97,514.37

Total Accident Cost: RM Employee Cost: RM

353,821.20 1,133.72

Stakeholders Cost: RM
255,173.12
Table 3.3: Section 8: Compensation for Industrial Accidents. (n.d.)
Table 3.3: Section 8: Compensation for Industrial Accidents. (n.d.)
Table 3.3: Section 8: Compensation for Industrial Accidents. (n.d.)
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