WORKMEN'S COMPENSATION
(FOREIGN WORKERS' COMPENSATION SCHEME)(INSURANCE)
ORDER 2005
PU(A) 45/2005
1. Citation and commencement
(1) This
order may be cited as the Workmen's Compensation (Foreign Workers' Compensation
Scheme) (Insurance) Order 2005.
(2) This
order comes into operation on 8 February 2005.
2. Interpretation
In this Order:‑
"Scheme" means the Foreign Workers'
Compensation Scheme;
"Minister" means the Minister
charged with the responsibility for labour.
3. Approved
insurance scheme
(1) Subject
to subparagraph (2), the Scheme undertaken by an insurer which has been
appointed by the Minister as specified in the Schedule shall be an approved
insurance scheme for the purposes of the Act.
(2) The
Scheme shall comply with the following terms:‑
(a)
the premium payable by an employer
to the insurer shall be an amount which is not exceeding seventy‑two ringgit per annum for each workman and shall not be varied
without the written approval of the Minister;
and
(b)
the
compensation payable by the insurer to a workman shall be one which is assessed
by the Commissioner in accordance with the Act, and shall be paid to the
workman within seven days of receipt of the assessment by the insurer.
(3) For
the purposes of implementing and enhancing effectiveness of the Scheme, the
Minister may from time to time make any directive as may be necessary or
expedient and prescribe any charge payable for the implementation of such
directive.
4. Additional
benefits
The insurer, in addition to its contractual
obligations to pay in accordance with the policy of insurance subscribed by the
employer in favour of his workman, shall provide
under the Scheme the following additional benefits without imposing any
additional premium on the employer:
(a)
a sum of seven thousand ringgit in the event of death of a workman from personal
injury sustained in an accident which arises out of and in the course of his
employment;
I.
where the personal injury is sustained
in an accident which occurs outside the working hours of a workman:‑
(i) a sum of twenty‑three thousand ringgit
in the event of death or permanent total disablement; and
(ii)
a sum of money equivalent to the
amount of compensation awarded under section 8 of the Act for, and in the event
of, permanent partial disablement or temporary disablement; and
(c)
a sum of
four thousand eight hundred ringgit or the actual
expenses incurred in repatriating a workman to his country of origin in the
event of his death or permanent total disablement, whichever is the lesser.
5. Non‑entitlement
to additional benefits
The insurer shall not pay to the workman the benefits
specified in subsubparagraph 4(b) if the accident is
attributable to the workman having been, at the time of the accident, under the
influence of alcohol or drugs; or if the death, permanent total disablement,
permanent partial disablement or temporary disablement results from a
deliberate self‑injury or the deliberateaggravation
of the accidental injury.
6. Conditions
of appointment of insurers
The insurer which is appointed shall comply to any condition or directive as issued by the Minister in
writing from time to time for the purpose of enhancing effectiveness of the
operation of the Scheme.
7. Insurance
policy to be approved by Commissioner
An insurance policy issued for the purposes of the
Scheme shall be one that is approved by the Commissioner.
8. Power
to amend Schedule
The Minister may, by notification in the Gazette, add
to or delete the list of insurers mentioned in the Schedule.
9. Revocation
The Workmen's Compensation (Foreign Workers'
Compensation Scheme) (Insurance) Order 2004 [P.U. (A) 179/2004] is hereby
revoked.
SCHEDULE
Allianz General Insurance Malaysia Berhad
Berjaya General Insurance Berhad
Kurnia Insurans (
Lonpac
Insurance Berhad
Malaysian Assurance
Mayban
General Assurance Berhad
Syarikat Takaful
Takaful Nasional
Sdn Berhad
Tahan
Insurance
Additional Notes(only mentions relevant
amendments - not the full version of amendment):-
WORKMEN'S
COMPENSATION (FOREIGN WORKERS' COMPENSATION SCHEME) (INSURANCE) (AMENDMENT) (NO
2) ORDER 2008 PU(A) 148/2008
‘The Workmen's compensation (Foreign Workers'
compensation Scheme) (Insurance) Order 2005[P.U. (B) 292/2005] is amended in
the Schedule:‑
(a)
by
inserting after the item "Bh Insurance (M) Bhd" the item "hong
Leong Tokio Marine Takaful Berhad";
(b)
by
inserting after the item "hong Leong Tokio Marine Takaful Berhad"
the item "ING Insurance Berhad";
(c)
by
inserting after the item "Jerneh Insurance Berhad" the item "MAA Takaful Berhad";
and
(d) by inserting after the item "MUI continental Insurance Berhad" the item "Prudential BSN Takaful Berhad".