'ALL ACCIDENTS MUST BE REPORTED TO THE POLICE WITHIN 24 HOURS'
WHEREAS the lnsured by a written proposal and declaration furnished by the Insured for the purpose of obtaining this insurance and carrying on the Business described in the Schedule and no other for the purpose of this insurance which shall be the basis of this contract and is deemed to be incorporated herein has applied lo the Company for the insurance hereinafter contained and has paid or agreed to pay the Premium as consideration for such insurance.
NOW THIS POLICY WITNESSETH:-
That if at any time during the Period of Insurance any employee in the Insured's immediate serrice shall sustain personal injury by accident or disease arising out of and in the course of his employment by the lnsured in the Business and if the Insured shall be liable to pay compensation for such injury either under the Law(s): Workmen's Compensation Ordinance 1952 (Federation of Malaya)" 'Workmen's Compensation (Amendment) Ordinance 1956 (Federation of Malaya)" The Workmen's Compensation (Amendment) Act 1976" 'Modification of Laws (Workmen's Compensation) (Extension and Modification) Order, 1981 "
or at
Common Law
then the subject to the terms exceptions and conditions contained herein or endorsed hereon the Company will indemnify the Insured against all sums for which the lnsured shall be so liable and will in addition be responsible for all costs and expenses incurred with its consent in defending any claim for such compensation. PROVIDED ALWAYS that in the event of any change in the Law(s) or the substitution of other legislation therefore this Policy shall remain in force but the liability 01 the Company shall be limited to such sum as the Company would have been liable to pay it the Law(s) had remained unaltered.
AVOIDANCE OF CERTAIN TERM AND RIGHTS OF RECOVERY
Nothing in this Policy or any endorsement hereon shall affect the right d any person entitled to indemnity under this Policy or of any other person to receive an amount under or by virtue of the Legislation. BUT the lnsured shall repay to the Company all sums paid by We Company which the Company would not have been liable to pay but for the Legislation.
EXCEPTIONS
The Company shall not be liable under this Policy in respect of
(a) any injury by accident or disease directly attributable to war invasion act of foreign enemy hostilities (whether war be declared or not) civil war mutiny insurrection rebellion revolution or military or usurped power.
(b) the Insured's liability to employees of contractors to the Insured.
(c) any employee who is not a "workman" within the meaning of the Law(s).
(d) any liability of he Insured which attaches by virtue of an agreement but which would not have attached in the absence of such agreement.
(e) any sum which the lnsured would have been entitled to recover from any party but for an agreement between the Insured and such party.
(f) any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from
(i) nuclear weapons material
(ii) ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel and for the purposes of this exception combustion shall include any self-sustaining process of nuclear fission.
(g) (i) death injury illness charges or expenses of the lnsured Workman.
(ii) provide any indemnity against liability of the lnsured attributable directly or indirectly to HIV (Human immunodeficiency Virus) and for any HIV related
illness including AIDS and/ or any mutant derivatives or variations thereof.
1.This Policy and the Schedule shall be read together as one contract and any work or expression to which a specific meaning has been attached in any part of this Policy or of the Schedule shall bear such specific meaning wherever it may appear.
2. Every notice or communication to be given or made under this Policy shall be delivered in writting to the Company.
3. The lnsured shall take reasonable precautions to prevent accident and disease and shall comply with all statutory obligations.
4. In the event of any occurrence which may give rise to a claim under this Policy the lnsured shall as soon as possible give notice thereof to the Company with full particulars. Every letter claim writ summons and process shall be notified or forwarded to the Company immediately on receipt. Notice shall also be given to the
Company immediately the lnsured shall have knowledge of any impending prosecution inquest or fatal inquiry in connection with any such occurrence as aforesaid.
5. No admission offer promise or payment shall be made by or on behalf of the Insured without the consent of the Company which shall be entitled if it so desires to take over and conduct in his name the defence or settlement of any claim or to prosecute in his name for its own benefit any claim for indemnity or damages or otherwise and shall have fun discretion in the conduct of any proceedings and in the settlement of any claim and the Insured shall give all such information and assistance as the Company may require.
6. The first premium and all renewal premiums hat may be accepted are to be regulated by the amount of wages and salaries and other earnings paid by the lnsured lo employees during each Period of Insurance. The name of every employee together with the amount of wages salary and other earnings shall be properly recorded and the lnsured shall at all times allow the Company to inspect such records and shall supply he Company with a correct account of all such wages salaries and other earnings paid during any Period of Insurance within one month from the expiry date of such Period of Insurance. If the amount so paid shall differ from the amount on which premium has been paid the difference in premium shall be met by a further proportionate payment to the Company or by a refund by the Company as the case may be.
7. This insurance may be terminated at any time at the request of the Insured, in which case the Company will retain customary short period rate for the time the policy has been in force. This insurance may also be terminated at the option of the Company by sending 14 days' notice by registered letter to the Insured at his last known address, in which case the Company shall be liable to repay on demand a rateable proportion of the premium from the unexpired term from the date of the cancelment and in such event the Premium shall be adjusted in accordance with Condition 6.
8. All differences arising out of this Policy shall be referred to the decision of an Arbitrator to be appointed in writing by the parties in difference or if they cannot agree upon a single Arbitrator to the decision of two Arbitrators one to be appointed in writing by each of the parties within one calendar month after having been required in writing so to do by either of the parties or in case the Arbiirators do not agree of an Umpire appointed in writing by the Arbiirators before entering upon the reference. The Umpire shall sit with the Arbitrator and preside at their meetings and the making of an Award shall be a condition precedent to any right of action against the Company. If the Company shall disclaim liability to the lnsured for any claim hereunder and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration under the provisions herein contained then the claim shall for at1 purposes be deemed to have been abandoned and shall not thereafter be recoverable hereunder.
9. The due obsewance and fulfillment of the terms conditions and endorsements of this Policy so far as they relate to anything to be done or not to be done by the Insured and the ttuU~ of the statements and answers in the proposal shall be condiions precedent to any liability of the Company to make any payment under this Policy.
NOTE: If a law or a set of regulations is named in a section of the Policy entitled 'AVOIDANCE Of CERTAIN TERMS AND RIGHT OF RECOVERY" or in the Policy Schedule under the heading of 'Legislation" all references in the specific section or paragraph of such law or regulations are deemed to be deleted so that the reference to such law or regulations are left to apply to each law or act of regulations in its entirety
PREMIUM WARRANTY
It is a fundamental and absolute special condition of this contract of insurance that the premium due must be paid and received by the insurer within sixty (60) days from the inception date of this Policy/Endorsement&renewal Certificate. If this condition is not complied with than this contract is automatically cancelled and the insurer shall be entitled to the pro-rata premium for the period they have been on risk. Where the premium payable pursuant to this warranty is received by an authorized agent of the insurer, the payment shall be deemed to be received by the insurer for the purposes of this warranty and the onus of proving that the premium payable was received by a person, including an insurance agent, who was not authorized lo receive such premium shall lie on the insurer. Subject otherwise to the terns and conditions of this Policy.
IMPORTANT
The lnsured shall read this Policy carefully, and if any error or misdescription be found herein, or if the cover be not in accordance with the wishes of the Insured, advice should at once be given to the Company and the Policy returned for attention.
| WHAT IS WORKMEN'S COMPENSATION ?
Workmen's compensation is a compensation for injury to an employee or worker arising out of and in the course of employment that is paid to the worker or dependants. The employer will have to purchase a workmen's compensation insurance for workmen's compensation claims by injured employees or workers. WHAT IS THE LAW GOVERNING THE WORKMEN'S COMPENSATION IN MALAYSIA ?The Workmen's Compensation Act 1952.Refer page below) This Act provides for the compensation payment to an injured employee or worker arising out of and in the course of employment or contracting occupational disease. Where the employee or worker dies in the event of fatal accident or contracting an occupational disease or in the course and arising out of performing his duty or work, the Workmen's Compensation Act 1952 provides for the compensation payment to the worker's dependants. This Act is administered by the Department of Labour and applies throughout Malaysia. WHO IS COVERED UNDER Workmen's Compensation Act 1952?
Malaysian workers are no longer covered under the Workmen's Compensation Act 1952 with effective from 1st July 1992. Local workers will be covered under the Employees Social Security Act 1969. Only foreign workers are covered under this Act in respect of compensation for employment injury as well as non-employment injury provide Workmen's Compensation (Foreign Worker's Scheme) (Insurance) Order 1993. This Act applies to foreign workers whose earnings are not more than RM500 per month and all manual workers irrespective of the wage.
| VOLUNTARY WORKMEN'S COMPENSATION ENDORSEMENT
It is hereby declared and agreed that the insurance under this policy shall extend to cover employees who are registered with and contributing to the Employees Social Security Act 1969 (SOCSO). In the event of any claim for employment injury, the Company agrees to indemnify the lnsured or the Insured's employee for such amounts as the lnsured would have been obliged to pay by way of compensation under the Workmen's Compensation Ordinance 1952 (including its subsequent amendments), without the need for a labour assessment report from the government labour office. It is however agreed and noted that the insurance provided by this policy shall not be construed by the lnsured as an exemption to comply with any statutory obligation, including registration of employees with the Social Security Scheme (SOCSO) where applicable.
WA - ENDORSEMENT 'A'
"It is hereby understood and agreed that in the event of any workman employed by the within lnsured or by the Insured's Contractors as referred to in Endorsement 'B' hereon or any dependent of such workmen, bringing or making a claim under the Workman's Compensation Ordinance in force in Malaysia against any officer of the Government of Malaysia or any State thereof for personal injury or disease sustained whilst at work or any Contract covered by the terms conditions of the within policy which the lnsured may be carrying out for the said officer or Government, the Company will indemnify the said officer or Government against such claim, and any costs, charges and expenses in respect thereof. Provided always that the Company shall be entitled to have the sole conduct and control of all proceedings connected with claims covered by this endorsement. Nothing in the endorsement shall be construed as affecting the Insured's right to recover damages in any other way under the said legislation.
WE - ENDORSEMENT 'B'
"It is hereby understood and agreed that the indemnity herein granted as intended to cover the legal liability of the lnsured to workmen in the employment of contractors performing work for the lnsured while engaged in the business and occupation in respect of which the within policy is granted but only as far as regards Claim under the workmen's Compensation Legislation in force in Malaysia.
W2 - ENDORSEMENT W.2
This Policy does not indemnify the lnsured in respect of any claim arising in connection with the use of woodworking machinery driven by steam, gas, water, electricity or other mechanical power. The expression "woodworking machinery" shall not be deemed to include : Lathes, Fret-saws, Boring machines, Sanding machines, Mechanically driven portable tools applied to the work by hand other than pendulum and swing saws. W15 - ENDORSEMENT W.15 This Policy does not indemnify the lnsured in respect of any claim arising in connection with:- (a) The construction, alteration or repair of buildings involving the use of at any stage of mechanically driven machinery other than mortar mills, stone crushers, concrete mixers and friction hoists controlled by a motor with a lifting capacity not exceeding 10 cwt. and hoisting directly from one position only. (b) any work of demolition (expect the demolition of buildings not exceeding 30 ft. in height from the lowest point of the foundations to the highest point of the building, including chimneys when such demolition is carried out by workmen in the direct employ of the lnsured and forms part of a contract for reconstruction alteration or repair.
N.B. Replacement of damaged parts such as old timber or broken tiles does not come within the meaning of demolishing and reconstructing in respect of buildings of any height. (c) Construction, alteration or repair of towers, steeples, blast furnaces, chimney shafts, viaducts, bridges, dock, railways, canals or tunnels, wells over 20 ft. in depth or any well sinking, other than artesian or tube wells. (d) blasting operation, quarrying or sand or gravel getting.
W60 - ENDORSEMENT W.60
It is hereby understood and agreed that subject otherwise to the Terms, Exceptions and Conditions of the Policy the indemnity herein granted is extended to cover the liability of the lnsured to workmen in the employment of sub-contractors performing work for the lnsured while engaged in the business and occupation in respect of which the within Policy is granted, but only so far as regards claims under. The Workmen's Compensation Ordinance 1952 (Federation of Malaysia) *The Workmen's Compensation Ordinance 1956 (Colony of Sarawak) *The Workmen's Compensation Ordinance 1955 (Colony of North Borneo) including subsequent amendments to the said Ordinance and Enactment passed prior to the date of this endorsement.
W76 - ENDORSEMENT W.76
In consideration of premium being paid on the total earnings of all employees not being workmen within the meaning of the:- "Workmen's Compensation Ordinance 1952 (Federation of Malaya)" "Workmen's Compensation (Amendment) Ordinance 1956 (Federation of Malaya)" 'The Workmen's Compensation (Amendment) Act, 1976" it is hereby agreed that the Company will not in the event of any accident arising out of and in the course of employment to any such employee whilst engaged in the service of the lnsured as set forth in the said Schedule raise the defence that such employee is not a workman within the meaning of the aforesaid Ordinance.
W77 - ENDORSEMENT W.77
IN CONSIDERATION of premium being paid on the total earnings of the employees described in the Schedule hereunder, not being workmen as defined in the Workmen's Compensation Ordinance 1952 (Federation of Malaysia), it is hereby agreed that the within Policy is extended to indemnify the lnsured in respect of his liability at Common Law for accidents to such employees arising out of and in the course of employment. Subject otherwise to the terms and conditions of the within Policy.
W78 - ENDORSEMENT NO. W.78
This policy does not indemnify the lnsured in respect of any claim arising in connection with racing pacemaking or speed trials.
W85 - ENDORSEMENT NO. W.85
This Policy does not indemnify the lnsured in respect of any claim arising in connection with the use of explosives; the making of sewers or other excavations exceeding in any part a depth of loft. from the surface; tunnelling.
W192 - ENDORSEMENT W.192
This Policy does not indemnify the lnsured in respect of any claim arising in connection with felling sawing or carting of trees other than lights trees not exceeding 20ft. in height to be used for scaffolding or carrying poles.
W231 - ENDORSEMENT W.231
Notwithstanding anything stated to the contrary in this policy, and subject to condition 6 being deleted it is understood and agreed that if the wages herein stated are less than the actual wages (as defined in the Workmen's Compensation Ordinance currently in force) paid or payable to the workmen hereby insured corresponding to the period of insurance, the liability of the company in respect of any claim under this policy shall be proportionately reduced and the insured shall be considered as his own insurer for the difference.
EXCLUSION OF LIABILITY AT COMMON LAW CLAUSE
Notwithstanding anything contained to the contrary in the above-mentioned policy, it is hereby agreed and understood that the Company shall not be liable to indemnify the lnsured if the lnsured shall become liable to pay compensation for injuries to the workmen under Common Law and consequently the words "or at Common Law" appearing in the Policy are hereby deleted.
W(92 - ENDORSEMETN W.92
This Policy does not indemnify in respect of any claim arising in connection with wells exceeding a depth of any 20ft. from the surface of in connection with the sinking of digging of wells other than artesian or tubes wells.
W100 - ENDORSEMENT W.100
This Policy does not indemnify the lnsured in respect of any claim arising in connection with the handling of any unit exceeding 5 cwt. in weight when completed for use.
W103 - ENDORSEMENT W.103
This Policy does not indemnify in respect of any claim arising in connection with the handling of any unit exceeding 3 h.p. or 5 cwt. in weight when completed for use.
W180 - ENDORSEMENT W.180
This Policy does not indemnify the lnsured in respect of any claim arising in connection with tree-felling or sawing and carting in connection therewith with the exception of light felling work incidental to maintenance or the destruction of pets and diseases.
W194 - ENDORSEMENT W.194
In consideration of premium being paid on the total payment to Contractors who contract to provide labour only, it is hereby agreed that in the event of accidents sustained by such Contractors or workmen engaged by such Contractors whilst working under contract with the lnsured in connection with the work in respect of which this is granted the Company will not raise the defence that there is no contract of service between the lnsured and such Contractors or workmen engaged by such Contractors.
W197 - ENDORSEMENT W.197
It is hereby declared and agreed that the Company agrees that the defence will not be raised to a claim to compensation under the Workmen's Compensation Laws mentioned in the within policy and subsequent amendments passed prior to the date of this endorsement that the Contractor is not a workmen within the meaning of the said Workmen's Compensation Laws. Provided always that such compensation shall only be payable where the Contractor or his dependants, as the case may be, agreed to accept it in full satisfaction and discharge of all claims against the Insured.
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