Worker cannot sue employer after Perkeso payout, says court
Sessions court dismisses crane operator’s suit against company and two others over a workplace accident, after he received nearly RM47,000 in temporary disability payments.
A Malaysian court has ruled that a 63-year-old crane operator, Ng Poh Guan, cannot sue his employer for damages stemming from a work-related injury, despite receiving nearly RM47,000 in temporary disability payments. Sessions court judge Norzafirah Ali affirmed that Section 31 of the Employees’ Social Security Act 1969 bars Perkeso-covered workers from bringing civil claims against their employers for injuries sustained at work.
Ng alleged that Great Piling Sdn Bhd, Iconic Construction Sdn Bhd, and Iconic Development Sdn Bhd were all liable for the accident, but the court found him ineligible to sue Great Piling due to the payments received from Perkeso. While Iconic Construction and Iconic Development were not directly responsible for the incident, as they did not take over the site until after the accident and were not in charge at the time, they were still ordered to pay Ng costs totaling RM12,500.
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- Worker cannot sue employer after Perkeso payout, says court freemalaysiatoday.com