Revised Laws On Work Injury A Boon For Workers, But Some Questions Remain

A version of this letter was published by TODAY on 22 September 2019.

HOME welcomes the important steps forward under the new Work Injury Compensation Act (“WICA 2019”).  Nonetheless, some changes also raise new questions.

Insurers to Process Claims

Under WICA 2019, insurers will process claims by default.  Conflicts of interest may arise, between the insurers’ business interest, and their duty to process claims. Processing claims is seldom a straightforward mechanical application of formulae.  Factors which affect the compensation payable still need to be determined.

Low-wage labourers, who are most reliant on WICA, are also most vulnerable.  Insurers have no incentive to ensure workers are fully aware of their rights.  In contrast to insurers, workers may lack the detailed legal knowledge to advance their interests. 

 What safeguards will MOM implement to proactively monitor and ensure that insurers will process claims respecting the workers’ full rights and entitlements?

 Access to Medical Treatment

Medical treatment is often delayed because of employers' refusal to pay.  WICA 2019 now allows hospitals to recover payment from employers directly.  Where the employer is insolvent, insurers may also be ordered to pay hospitals directly.

This progress should extend to establishing direct billing between hospitals and insurers. The main barrier to much-needed treatment is hospitals’ lack of assurance of payment. With compulsory insurance, why do such barriers remain?

Workers’ Right of Choice

Workers should have the right to choose their hospital.  MOM policy requires workers to receive treatment and assessment at the employer-appointed institution, unless inadequacy of care is proved.  As is now well-known, there are doctors who prioritise the employer’s interests over their patient’s. 

Accusing doctors is an unnecessary burden for injured workers.  Professional discipline is long-drawn and litigious.  Injured workers simply want to recover well, with doctors they can trust to care for them.    

 Allowing employers to decide where workers are treated and assessed is a paternalistic anachronism.  Furthermore, leaving payment in employers’ hands creates unnecessary friction that hinders workers’ access to treatment.  Looking ahead, HOME urges progress towards minimising the employer’s role and prerogatives in provision of medical treatment: a more humane, updated paradigm of the WICA regime.