WICA versus common law: choosing your claim route

A work injury in Singapore can usually be claimed two ways: through the Work Injury Compensation Act, or by suing your employer or a third party under common law for negligence. You cannot do both for the same injury, and MOM gives you a limited window to decide. Which route pays more, and which one you can still choose, depends on how the injury happened, whether anyone was at fault, and how far your WICA claim has already gone.

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Side by side

WICA versus a common-law personal injury claim (Singapore)
	WICA	Common law
Do you need to prove fault?	No, no-fault scheme	Yes, you must prove negligence
How is the amount set?	Fixed MOM formula, with a statutory minimum and maximum	Negotiated or court-decided, no statutory cap
What can be compensated?	Only the three things the Ministry of Manpower lists: medical leave wages, medical expenses, and a lump sum for permanent incapacity or death	Damages proven before the court, which can include heads WICA does not pay, such as pain and suffering
Typical time to resolve	Within 8 months for most cases, per the Ministry of Manpower	Not published by the Ministry of Manpower; a court action runs on the court's timetable
Who handles the claim?	Employer's insurer or MOM	You, usually with a lawyer, against your employer or a third party
Do I need a lawyer?	No. It is optional; MOM or the designated insurer guides you through the process, though that guidance is not legal advice	Yes, and you pay the legal fees

The Ministry of Manpower confirms both directions of the exclusivity rule: if you make a claim under WICA, you cannot make a claim for the same injury under common law, and if you make a claim under common law to court, you cannot make a claim under WICA for the same injury. Read that alongside how a WICA claim starts, because the two are easy to put together wrongly: for accidents from 1 September 2020 the claim is deemed made the moment your employer has notice of the accident, so telling your employer you were injured is not the irreversible step. The step that becomes irreversible is letting the withdrawal window below close.

The 1-year decision window

You have up to 1 year from the accident to decide whether to claim under WICA or under common law, per the Ministry of Manpower. This is the same period covered in more depth on the WICA time limit. If you started down the civil-suit route and now want to switch to WICA instead, you can withdraw the suit, but the Ministry of Manpower says you need to make your WICA claim within 1 year from the date of the accident or diagnosis of illness. You do not need to actively "file" a WICA claim yourself to start it: for accidents from 1 September 2020, the claim is deemed made the moment your employer is notified of the accident.

The window that closes the other door

A WICA claim first does not always close the door permanently, and reporting your injury does not close it at all. You can withdraw a WICA claim at any time before the Ministry of Manpower issues your Notice of Assessment or Notice of Computation. After that notice is served, you can still withdraw within 14 days if no one disputes it, or within 28 days if there is a dispute. The Ministry of Manpower states the consequence of letting that window pass without hedging it: "If you don't withdraw your claim within these timeframes, the Court may not accept your civil suit." It says the same thing from the other end: once all parties accept the notice and the compensation has been paid, "the case is considered resolved and you will no longer be able to file a civil suit." Missing that window is the most likely way the common-law door shuts, but it is not the only one: section 63(2) of the Work Injury Compensation Act 2019 also bars a suit against your employer once you have recovered damages for the injury from someone else in court, once an order gives effect to a settlement agreement, once the notice takes effect as an order of compensation, or once the Commissioner makes a compensation order. Those bars are themselves qualified: section 63(2) opens "Subject to subsections (3) and (5)", and sections 63(3) and 63(5) let an employee sue in defined situations, including where compensation has been refused. If your claim has already reached a notice or an order, that is the point to take advice rather than assume the door is shut either way.

Which one fits your case

WICA is the route that asks least of you: no proof of fault, no lawyer required, a formula rather than an argument, and the Ministry of Manpower puts most claims at within 8 months. It covers medical leave wages, medical expenses, and a lump sum for permanent incapacity or death, inside limits it publishes. Common law is worth exploring when the injury is severe, the employer's negligence is clear and provable (an unguarded machine, ignored safety complaints, no training on hazardous work), and those statutory limits look likely to undercompensate what a court would award. Nobody can tell you in advance which would pay more in your case, and this site will not try. It is a case-by-case judgment, which is why a short conversation with an employment lawyer before the Ministry of Manpower's 1-year window closes is worth having even if you expect to end up filing under WICA anyway.

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Tell us what happened. Your enquiry comes to the Work Rights SG team and we read every one. We do not have a referral arrangement with a law firm in place at the moment, so we are not passing enquiries to anyone.

Not every case needs a lawyer. This is most useful if you were in a senior or management role, or the money at stake is substantial. For straightforward cases the free MOM and TADM route these guides describe usually gets there on its own.

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What is your situation? How long were you employed? What was your role level? What was your monthly salary? Briefly, what happened? (optional)

If we set up a referral arrangement, can we match you with an employment law firm? Yes No

Nothing is passed to a law firm today, either way: we have no referral arrangement in place. This records what you would want if we set one up, and we would ask you again before passing anything on.

By sending this you agree to be contacted about your enquiry. See our privacy policy.

Frequently asked questions

Can I claim under WICA and also sue my employer?

Not both to the end, no. The Ministry of Manpower is explicit that if you make a claim under WICA you cannot make a claim for the same injury under common law, and that if you sue under common law you cannot then claim under WICA for that injury. But note what starts a WICA claim: for accidents from 1 September 2020 it is deemed made as soon as your employer has notice of the accident, which means reporting your injury does not by itself forfeit the common-law route. A WICA claim can be withdrawn at any time before the Notice of Assessment or Notice of Computation is issued, and after that within 14 days if no one objects or 28 days if there is a dispute. The Ministry of Manpower adds the consequence of missing that window plainly: "If you don't withdraw your claim within these timeframes, the Court may not accept your civil suit."

How long do I have to decide?

You have up to 1 year from the accident to decide whether to claim under WICA or under common law, per the Ministry of Manpower. A separate and much shorter clock runs once a Notice of Assessment or Notice of Computation is issued: 14 days to withdraw the WICA claim if no one objects, 28 days if there is a dispute.

Can I switch from a lawsuit to a WICA claim?

Yes, if you withdraw the civil suit. To do that, the Ministry of Manpower says you need to make your WICA claim within 1 year from the date of the accident or diagnosis of illness.

Which route pays more?

Neither route is automatically better and no one can tell you in advance what either would pay. The Ministry of Manpower puts the structural difference this way: WICA compensation is "based on a formula and has set limits" and needs no proof of fault, while at common law there are "no limits on compensation amount, but you need to prove damages before the court" and you need a lawyer, whose fees you pay. On timing, the Ministry of Manpower puts a WICA claim at within 8 months for most cases; a court action is a different order of time. Which fits depends on how strong your negligence case is, how large the loss is against WICA's limits, and how much time and cost you can carry.

Last updated 15 September 2026 How we check this

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Work Rights SG provides general information about employment rights in Singapore. It does not create a lawyer–client relationship. For advice on your situation, speak to a qualified employment lawyer.