None
EN
Court rules Perkeso Act blocks civil suit over workplace death
['V Anbalagan']
Headlines | Latest | Malaysia | Top Stories | Local News
The Melaka High Court held that Section 31 of the Employees’ Social Security Act operates as a complete bar to common law claims brought by an insured employee or the employee’s dependents against the employer for an employment injury.
(Facebook pic)PETALING JAYA : The High Court in Melaka has dismissed a civil suit brought by the parents of a 22-year-old factory worker who died in an industrial accident, ruling that the Employees’ Social Security Act 1969 bars them from suing his employer.
The couple had sought general, special, aggravated and exemplary damages under the Civil Law Act 1956, alleging that the company failed to provide a safe work system.
However, the company argued that Umar was an insured employee under the Social Security Organisation’s scheme and that the claim was therefore barred by Section 31 of the Act.
In return, he said, the Act removes the right to pursue a civil claim against the employer for the same injury.