Commuting Accident
Travelling to clinic for follow‑up treatment while on medical leave: PERKESO rejected the claim as “Not a Workplace Accident (Bukan Bencana Kerja).”
Factual matrix:On 24 December 2025, an employee working as a lorry driver sustained an industrial accident while unloading heavy metal materials from his vehicle. He suffered a deep laceration to his right index finger. He initially sought treatment at Hospital Raja Permaisuri Bainun, Ipoh, but was informed that surgery could only be scheduled in two to three months due to the high patient load at the trauma centre. With no alternative, he admitted himself to Perak Community Specialist Hospital, where reconstructive surgery was performed on his index finger. He remained on medical leave from 24 December 2025 until 6 February 2026. Following surgery, he was referred to Klinik Radha in Chemor, Perak, for follow‑up dressing. Although the clinic was closer to his home and workplace, it was not part of the company’s panel clinic.
On 5 February 2026, while travelling to Klinik Radha for follow‑up treatment and dressing, the employee was unfortunately involved in another accident. He sustained a closed fracture of the right distal radius. Treatment was provided at Perak Community Specialist Hospital, where surgical fixation with plating (implant) was performed. He was granted medical leave from 5 February to 4 April 2026 (59 days), followed by an extension from 5 April to 5 July 2026.
Subsequently, the employee submitted a claim to PERKESO under the SOCSO Employment Injury Scheme for temporary disablement benefits. However, PERKESO rejected the application, classifying the incident as “Bukan Bencana Kerja” (Not a Workplace Accident).
Now, how do you plead his case. what option is available to this employee?
