Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 SEPTEMBER 2016

Workplace Injuries: Rights And Claims

Withers LLP
Withers LLP
Contributor
Withers LLP

Withers LLP

Withers is an international law firm focused on the personal, business and philanthropic interests...

View firm profile
Explore more from Withers LLP

In a recent landmark decision of SGB Starkstrom Pte Ltd v The Commissioner for Labour [2016] SGCA 27, the Court of Appeal held that the next-of-kin of a mentally incapacitated employee cannot make an election...

SingaporeEmployment and HR
K Anparasan
K Anparasan
Grace Tan
Grace Tan
Author LinkedIn connections

In a recent landmark decision of SGB Starkstrom Pte Ltd v The Commissioner for Labour [2016] SGCA 27, the Court of Appeal held that the next-of-kin of a mentally incapacitated employee cannot make an election on behalf of that employee to make a claim under the Work Injury Compensation Act (WICA) without a Deputy appointed pursuant to the Mental Capacity Act (MCA).

Facts of the case

The injured worker, Tan Yun Yeow (Tan), was employed by SGB Starkstrom Pte Ltd (Starkstrom) as an engineer. On 19 March 2009, Tan was involved in an electrical explosion in the course of his employment. He suffered extensive burns and remained in a coma for several months. He was later considered to be a mentally disordered person of unsound mind and incapable of managing his financial and personal affairs after regaining consciousness. In the following month, the Commissioner of Labour (COL) sent a standard letter to Tan enquiring if he wished to make a claim under the WICA.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Compliance Check: Sick Leave Entitlements In Singapore And Malaysia

Sick leave entitlements across South-East Asia vary significantly by jurisdiction, creating compliance challenges for regional employers. This analysis examines the contrasting statutory frameworks governing paid sick leave in Malaysia and Singapore, highlighting critical differences in how entitlements accrue, when they apply, and what employers must track to ensure compliance with each country's employment laws.
GlobalEmployment and HR
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Article

Asia: Social Security Payments

Multinational employers managing payroll across Asia face significant compliance complexity due to varying social security frameworks. This comparative analysis examines the key differences in worker coverage, contribution rates, and compliance requirements across five major jurisdictions. Understanding these distinctions is essential for organizations navigating cross-border employment obligations in the region.
GlobalEmployment and HR
Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Article

A 5% Wealth Tax? Preparing Clients For California's Billionaire Tax Act

California's proposed Billionaire Tax Act would impose a onetime 5% excise tax on individuals and trusts with assets exceeding $1 billion, creating unprecedented challenges for estate planners. The retroactive application and anti-abuse provisions raise critical questions about the treatment of grantor trusts, non-grantor trusts, and beneficiary interests that deviate significantly from established federal wealth transfer tax principles.
United StatesTax
Withers LLP
Withers LLP
Article

Navigating Florida’s New Trust, Probate And Series LLC Statutes

Florida has enacted significant statutory changes affecting trust administration, probate procedures, and business entity formation. These reforms introduce streamlined nonjudicial processes for trustee discharge, expand access to simplified probate administration, and establish a new framework for protected series LLCs that offers enhanced asset protection and operational flexibility for estate planners and business owners.
United StatesWealth Management
Withers LLP
Withers LLP
Article

Major Overhaul Of F-1, J-1: End Of "Duration Of Status" Or "D/S" - Fixed Admission Periods And New Extension Of Stay Requirements

The Department of Homeland Security has published a final rule eliminating the long-standing "duration of status" framework for F-1 students, J-1 exchange visitors, and I foreign media representatives, replacing it with fixed admission periods capped at four years. Students and exchange visitors who need additional time will now be required to file Extension of Stay applications with USCIS or depart and re-enter the United States. The rule, effective September 15, 2026, introduces significant restrictions o
United StatesImmigration
Withers LLP
Withers LLP
Article

New Chinese Mainland Offshore Trust Tax Regime: Immediate Implications For Settlors, Beneficiaries And Trustees

China's Ministry of Finance and State Taxation Administration have issued comprehensive new regulations governing offshore trust taxation, creating a framework that applies throughout the entire lifecycle of offshore trusts from initial funding to succession. These sweeping changes, effective immediately with a 90-day compliance window, impose Chinese Mainland taxes at multiple points for residents who have established offshore trusts, while also extending reach to non-residents with Chinese Mainland-source
ChinaTax
Withers LLP
Withers LLP
Article

Navigating Japan's Foreign Investment Rules: Key Requirements And The 2026 Reform Update

Japan's Foreign Exchange and Foreign Trade Act amendments, promulgated in June 2026, introduce significant changes to foreign direct investment screening procedures. These modifications expand regulatory oversight to include indirect acquisitions, mandate reporting of risk mitigation measures, and grant authorities enhanced powers to address national security concerns even after transactions are completed.
JapanGovernment, Public Sector
Withers LLP
Withers LLP