Workmen’S Compensation Act · 1984 Revised Edition · Part II · Workman'S Compensation for Injury
Section 4
In plain English
Not legal advice
An employer must pay compensation when a work accident injures a workman. Some accidents while commuting, rescuing others or breaking rules still count as work accidents. No compensation is due unless the injury stops the workman earning full wages for at least 3 days. Deliberate self-injury and some injuries caused by alcohol or drugs are not covered.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
Official textFrom Attorney General's Chambers, unchanged
If in any employment personal injury by accident arising out of and in the course of the employment is caused to a workman, his employer shall, save as hereinafter pro-vided, ee liable to pay compensation in accordance with the provisions of this Act.
employer
"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
An accident happening to a workman while he is, with the express or implied permission of his employer, travelling as a passenger by any vehicle, ship, vessel or air-craft to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by such means, be deemed to arise out of and in the course of his employment, if the accident would have been deemed so to have arisen had he been under such an obligation, and if at the time of the accident the vehicle, ship, vessel or aircraft is being operated by or on behalf of his employer or by some other person by whom it is operated in pursuance of arrangements made with his employer and is not being oper-ated in the ordinary course of a public transport service.
An accident happening to a workman in or about any premises at which he is for the time being employed shall be deemed to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at tho.se premises, to rescue,
premises
"premises" means in relation to an employer any place where work is executed or performed under the control or management of such employer whether exclusively or otherwise and the approaches thereto and any other land occupied in connection therewith, whether such approaches or 11 Workmen's Compensation other land form part of a public road or are other-wise open to the public or not, and any place where a workman is required to work by such em-ployer or such employer's foreman or other agent, and any vehicle or vessel belonging to such em-ployer or operated by a person employed by him;
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succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise damage to property.
An accident happening to a workman shall be deemed to arise out of and in the course of his employment notwithstanding that he was at the time of the accident
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acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or 13
Emr.loyer's liabtlity for compensa-tion
14
Workmen's Compensation on behalf of his employer, or that he was acting without
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instructions from his employer, if
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the accident would have been deemed so to have arisen had such an act not been done in contravention as aforesaid or without instruc-tion from his employer as the case may be;
and
such act was done for the purposes of and in connection with the employer's trade or busi-ness.
If a workman whose normal place of employ-ment is in Brunei or whose contract of employment was made in Brunei is injured or dies as a result of an accident occurring outside Brunei in circumstances in which if such accident had happened in Brunei such workman would have been entitled to compensation under this Act the employer of such workman shall be liable to pay compensation in accordance with the provisions of this Act:
contract of employment
"contract of employment" means a contract of ser-vice or of apprenticeship or a contract for the ex-ecution or performance of any work undertaken at the premises of an employer, which forms part of any trade or business carried on by such employer or of the domestic service of his household;
Provided that if compensation is payable to such work-man under any workmen's compensation law in force at the place where such accident has occurred the amount of such compensation shall be deducted from any compensation payable in accordance with the provisions of this Act.
An employer shall not be liable to pay com-pensation in respect of any injury which does not incapaci-tate the workman for a period of at least 3 days from earning full wages at the work on which he was employed.
An employer shall not be liable to pay com-pensation in respect of any injury to a workman resulting from an accident if it is proved that the injury to the work-man is directly attributable to the workman having been at the time thereof under the influence of alcohol or a drug, unless such injury results in the death or permanent incapac-Workmen's Compensation ity causing a loss of earning capacity of not less than 50 per
;._, centum of the workman.
No compensation shall be payable in respect of any incapacity or death resulting from a deliberate self-injury or the deliberate aggravation of an accidental injury.
No compensation shall be payable in respect of any incapacity or death resulting from personal injury, if the workman has at any time represented to the employer that he was not suffering or had not previously suffered from that or a similar injury, knowing that such representation was false.
For the purposes of this Act an accident arising in the course of a workman's employment shall be deemed, in the absence of evidence to the contrary, also to have arisen out of that employment.
Terms defined in s 3
contract of employment
Defined · s 3"contract of employment" means a contract of ser-vice or of apprenticeship or a contract for the ex-ecution or performance of any work undertaken at the premises of an employer, which forms part of any trade or business carried on by such employer or of the domestic service of his household;
employer
Defined · s 3"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
premises
Defined · s 3"premises" means in relation to an employer any place where work is executed or performed under the control or management of such employer whether exclusively or otherwise and the approaches thereto and any other land occupied in connection therewith, whether such approaches or 11 Workmen's Compensation other land form part of a public road or are other-wise open to the public or not, and any place where a workman is required to work by such em-ployer or such employer's foreman or other agent, and any vehicle or vessel belonging to such em-ployer or operated by a person employed by him;