I was injured at work. Should I claim SOCSO, sue my employer, or both?

A machine at the factory crushes your hand, or you fall from a ladder at the warehouse. You have medical bills and you cannot work. Should you claim from SOCSO (PERKESO), sue your employer, or both? In Malaysia the answer depends on a provision many workers have never heard of: section 31 of the Employees' Social Security Act 1969.

The SOCSO employment injury scheme

The Employees' Social Security Act 1969 (ESSA) provides benefits to insured employees who suffer an employment injury. Under section 15, the benefits include:

• disablement benefit for an insured person disabled by an employment injury;
• dependants' benefit if the insured person dies;
• funeral benefit;
• constant-attendance allowance for severe disablement;
• medical benefit and rehabilitation.

An accident arising in the course of employment is presumed, unless the contrary is shown, also to arise out of that employment (s.23). Certain journeys and emergencies are also covered (ss.24–25).

Section 31: you generally cannot sue your employer

Section 31 says an insured person or their dependants are not entitled to receive or recover from the employer, or from any other person who is a servant of the employer, any compensation or damages under any other law in respect of an employment injury sustained as an employee under the Act.

In practice this means that, for an employment injury, an insured employee usually cannot bring a negligence claim against the employer or a co-worker. SOCSO is the remedy.

The motor vehicle exception

The bar does not apply to claims arising from motor vehicle accidents where the employer or the employer's servant is required to be insured against third-party risks under Part IV of the Road Transport Act 1987. So if a colleague driving the company van injures you, a claim against the employer and the motor insurer may be possible in addition to SOCSO.

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Suing someone who is not your employer

Section 31 protects the employer and the employer's servants. It does not protect third parties. Depending on the facts, you may have a negligence claim against:

• the occupier or owner of the premises where you were sent to work;
• a main contractor or another contractor on site who is not your employer;
• the manufacturer or supplier of defective equipment.

In assessing damages for a personal injury that does not result in death, SOCSO benefits are not deducted (Civil Law Act 1956, s.28A(1)(c)).

Where does OSHA 1994 fit?

The Occupational Safety and Health Act 1994 requires every employer to ensure, so far as practicable, the safety, health and welfare at work of employees (s.15). Breach can lead to enforcement and prosecution by DOSH. But section 59 says the duties in Parts IV to VI do not confer a right of action in civil proceedings. Civil claims must be based on common law negligence or other law; OSHA standards may still be relevant evidence of what was reasonable.

What should I do first?

1. Get treatment and tell the doctor it was a workplace accident.
2. Report the accident to your employer in writing and ask that it be reported to PERKESO.
3. Submit your SOCSO claim with the employer's report and medical documents.
4. Take photos of the scene, equipment and any missing guards.
5. Identify who else was involved: occupier, contractor, equipment supplier.

Example

A technician employed by a maintenance company is injured when a loading bay door at a client's warehouse falls on him because the client failed to repair it. SOCSO pays his disablement benefit. Section 31 prevents him suing his own employer, but his lawyer brings a negligence claim against the warehouse occupier, a third party.

Common mistakes

• Spending money on a claim against the employer that section 31 bars.
• Not claiming SOCSO in time.
• Ignoring possible claims against third parties.
• Not checking whether the accident was a motor vehicle accident within the exception.

When to speak to a lawyer

Speak to a lawyer if you were seriously injured at work, especially where a third party or a vehicle was involved, or if SOCSO disputes your claim. See our civil litigation page; you can also contact us.

Frequently asked questions

Can my employer sack me while I am on medical leave for the injury?

ESSA has provisions protecting employees during temporary disablement (s.53). Dismissal issues may also go to the Industrial Court. Take advice.

What if my employer never registered me with SOCSO?

Contact PERKESO. The Act has provisions dealing with benefits where an employee was not registered, and the employer may face action. Take advice on your options.

How long do I have to sue a third party?

Personal injury claims are generally subject to six years under section 6(1)(a) of the Limitation Act 1953.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Employees' Social Security Act 1969 (Act 4), AGC Laws of Malaysia
2. Social Security Organisation (PERKESO / SOCSO), official portal
3. Occupational Safety and Health Act 1994 (Act 514), AGC Laws of Malaysia
4. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
5. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 18 Oct 2026