Employers have a statutory duty under the Occupational Health and Safety Act 1994 to protect the employees against unsafe work sites and unhealthy work practices. In the event of breach which led to injuries or death of an employee, an employee may commence a civil suit under the tort of negligence to claim for special and general damages which would include pain and suffering and loss of amenities.

Under the Employees’ Social Security Act (ESSA) 1969, employees will be able to claim for benefits under the Social Security Organization (SOCSO) in the event of injury or death provided that (i) the employees are an “insured person” under ESSA 1969; (ii) the defendants are the employers; and (iii) whether the injuries (including death) was suffered in the course of employment. Pursuant to the Employment Injury Scheme introduced under the ESSA 1969, employees who have suffered injuries may receive benefits such as medical benefits, disablement benefits and rehabilitation while dependants for the deceased employees may receive dependants’ benefits, funeral benefit, education benefit. In the event a claim falls under the ESSA 1969, an employee is barred from claiming for compensation or damages in the civil courts.

We provide legal representation and advisory services to both employees and employers on the validity of claims commenced in the civil courts and under the ESSA 1969.

Our Services

  • Advising individuals on their rights in the event of bodily injury suffered at their workplace
  • Advising companies on their rights and liabilities as a company in the event of injury suffered by persons at their premises
  • Advising and representing individuals or companies in negotiation for settlements

Our experience

  • Advised and represented a company in defending an action for causing the death of its employee at the company premises
  • Advised a foreign company on its liability in a dependency claim in relation to the death of a Malaysian employee at the company’s premises

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Jasmine Wong
Anis Mohd Sohaimi
Karmen Fung
Wong Chee En

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Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor [2007] 1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.

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