SingaporeCan I claim both WICA and common law damages?
No, you cannot claim both WICA compensation and common law damages for the same work injury — choosing one bars the other under Singapore law.
What the Law Says
The Work Injury Compensation Act 2019 explicitly prohibits double recovery for the same work injury. Section 33 sets out that electing to claim under WICA excludes any right to pursue common law damages.
Under Singapore law, injured employees must choose between two separate legal paths: claiming compensation under the Work Injury Compensation Act (WICA) or suing their employer in civil court for negligence or breach of statutory duty (common law damages).
This is not a matter of timing or strategy — it is a statutory bar. Once an employee makes a claim under WICA (or accepts compensation under it), they lose the right to bring a common law action for the same injury.
The purpose is to provide a swift, no-fault, predictable compensation system while preventing duplicate claims against employers.
Statutory TextAn employee who makes a claim under this Act in respect of an injury is not entitled to bring any civil action against the employer in respect of that injury.
— Work Injury Compensation Act 2019, s. 33 — Bar on civil action
What to Do
Assess whether your injury qualifies for WICA compensation (e.g., occurred during employment, employer is covered under WICA).
Compare WICA benefits (e.g., medical leave wages, lump sum for permanent incapacity) with potential common law damages (e.g., pain and suffering, loss of future earnings).
Seek legal advice before filing any claim — once you file under WICA or accept compensation, you cannot later switch to a common law suit.
If you intend to pursue common law damages, do not make any WICA claim or accept any WICA payment.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.