Workplace Injury

A workplace injury is when a worker is injured while they are working. Generally, if an employee is injured while working, their employer is likely to have to compensate (give money to) the employee. For migrant domestic workers (‘MDW’) in Malaysia, protection from workplace injury is found in the Employees Social Security Act 1969.

Employees Social Security Act 1969

The Employees Social Security Act requires all employers (including employers of MDWs) to register their MDWs with the Social Security Organisation (also known as PERKESO). The employer must contribute monthly payment (1.25% of the MDW’s monthly wage) and these payments then contribute to a fund that can be used if the MDW is injured when working. To successfully register an MDW, the MDW must have:

1. A valid passport
2. A valid work permit (visa)

All MDWs who enter Malaysia after 1 January 2019 must check that their employer has registered her for PERKESO. The benefits of registering with PERKESO include:

1. Medical Benefit: if an MDW gets sick because of her work, the MDW can get free medical treatment from a Government clinic or hospital until she is better
2. Temporary Disability Benefit: if an MDW is sick for at least 4 days, she can receive 80% of her daily wages from her employer.
3. Permanent Disability Benefit: if an MDW is permanently disabled because she has been injured at work, she can receive up to 90% of her daily wages.
   • However, it is important to make the claim within 12 months from the accident. The PERKSO Medical Board will also do an assessment to decide whether the MDW’s disability is permanent.
4. Rehabilitation Facilities: if an MDW is injured at work and requires rehabilitation (for example, physiotherapy, reconstructive surgery, wheelchair, hearing aid etc), PERKSO may pay for these expenses
5. Dependant’s Benefit: if an MDW dies because of an injury at work, PERKSO can pay the MDW’s dependants (for example, young children, elderly parents) 90% o the MDW’s daily wage
6. Funeral Benefit: if an MDW dies because of an injury at work, PERKSO may also pay for the funeral costs of the MDW. The total amount paid will depend on whether the death happened in Malaysia or in the country of origin.

Can I take legal action against my employer if I am injured at work?

Under the Occupational Health and Safety Act 1994, all employers have a legal duty to protect their employees (including MDWs) against unsafe working conditions. If the employer fails to do this, and the employee is injured or dies, an MDW can start a civil claim against the employer for compensation (money). An MDW can also submit a complaint with the Labour Department or the Industrial Relations Department.

However, if the employer has properly registered their MDW to PERKSO, and the MDW receives beenfits under PERKSO (e.g. medical benefits), the MDW cannot start a claim for compensation in the civil courts of Malaysia.

If you are not sure about what to do about your workplace injury, it is recommended that you speak to a lawyer or an NGO for help. See the resources section below for organisations.